Legal Opinion

In Re Havens

United States Bankruptcy Court, D. New Jersey

Decided December 9, 1998No. 16-34759PublishedCited by 1 opinion

1Opinion of the Court

PROCEDURAL HISTORY

WILLIAM H. GINDIN, Chief Judge.

The primary issue presented in these cases is whether a debtor in bankruptcy can discharge Division of Motor Vehicle (“D.M.V.”) insurance surcharges and the effect of Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) on that determination. Additionally, this court must determine whether the Automobile Full Insurance Underwriting Association, known as the Joint Underwriting Administration (“JUA”), and the Market Transition Facility (“MTF”), which are assigned to collect such surcharges, are arms of the…

2Cases cited75 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  4. Edelman v. JordanSupreme Court of the United States · 1974
  5. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996

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3Cited by1 opinion

  1. Pulley v. Legreide (In Re Pulley)United States Bankruptcy Court, D. New Jersey · 2003

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