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Vacating a judgment in AZ


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Per advice I've gotten on several boards, after my BK I submitted a motion to vacate a default judgment to the justice court where the judgment was entered.

I entered on the form: (reason for vacating)

AZ Rule 60 (rules of civil procedure)

(5) the judgment has been satisfied, released or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application;

Chapter 7 bankruptcy no-asset case ###-###-###; filed 6/10/04; discharged 10/08/04.

§ 524. Effect of discharge

(a) A discharge in a case under this title-- (1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

I called the justice court today to obtain an update on my motion as it was set to go before the judge last Monday 1/24/05.

I was told that the judge has sent the motion off to the plaintiff's attorney for review.

The rules for vacating a judgment in AZ do not demand that the plaintiff be notified (so I didn't do it).

Is this proper by the judge? Doesn't the federal BK law trump whatever the plaintiff's attorney has to say about the matter? I really hate that this comes down to the plaintiff saying OK or NOT OK. What do I do, if anything?

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