In Re Cuevas
United States Bankruptcy Court, D. New Jersey
1Opinion of the Court
AMENDED OPINION
JUDITH H. WIZMUR, Bankruptcy Judge.
Debtor seeks a determination that the actions taken by the Vineland Municipal Court to incarcerate him post-petition for his failure to continue making payments toward his pre-petition assessed court fines violated the automatic stay. In the event that no violation of the automatic stay is found, debtor seeks recourse under section 105 to relieve him from incarceration by the municipal court.
FACTS
Debtor, Ivan A. Cuevas, Jr., filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code on July 11, 1996. Debtor’s schedules…
2Cases cited13 opinions
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- State v. De BonisSupreme Court of New Jersey · 1971
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- Colon v. Hart (In Re Colon)United States Bankruptcy Court, E.D. Pennsylvania · 1989
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