Legal Opinion

Matter of Kent

United States Bankruptcy Court, D. New Jersey

Decided December 5, 1995No. 17-24846PublishedCited by 18 opinions

1Opinion of the Court

JUDITH H. WIZMUR, Bankruptcy Judge.

In this case, we are called upon to revisit the issue of the non-dischargeability, under 11 U.S.C. § 523, of motor vehicle surcharges assessed by the New Jersey Division of Motor Vehicles (“DMV”). In Lugo v. Paulsen, 886 F.2d 602 (3d Cir.1989), the Third Circuit Court of Appeals determined that motor vehicle surcharges were non-dischargeable under 11 U.S.C. § 523(a)(9). A subsequent amendment to subsection (a)(9) in 1990 necessitates a return to the issue.

FACTS

The debtor, Diane B. Kent, filed a voluntary petition under Chapter 13 of the Bankruptcy Code on…

2Cases cited23 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  3. Merin v. MaglakiSupreme Court of New Jersey · 1992
  4. Robert F. Urbano v. The Board of Managers of the New Jersey State PrisonCourt of Appeals for the Third Circuit · 1969
  5. In Re Joanne G. Burns, Debtor. Joanne G. Burns v. United States of America, Acting by and Through the Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1989

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3Cited by18 opinions

  1. Kish v. Verniero (In Re Kish)United States Bankruptcy Court, D. New Jersey · 1998
  2. Kish v. Farmer (In Re Kish)United States Bankruptcy Court, D. New Jersey · 1999
  3. In Re AliceaUnited States Bankruptcy Court, D. New Jersey · 1996
  4. Curtin v. New Jersey, Division of Motor Vehicles - Surcharge (In Re Curtin)United States Bankruptcy Court, D. New Jersey · 1996
  5. In Re BurkhardtUnited States Bankruptcy Court, D. New Jersey · 1998

13 more not listed; retrieve them via the Exa API.

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