Legal Opinion

Smith v. Pennsylvania Department of Transportation (In Re Smith)

United States Bankruptcy Court, E.D. Pennsylvania

Decided February 20, 1986No. 19-11620PublishedCited by 8 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Chief Judge:

The matter for decision in the case at bench is whether a chapter 13 debtor is entitled to a permanent injunction prohibiting the State Transportation Authority from revoking the debtor’s driver’s license due to a minor, prepetition traffic infraction. The debtor did not appear in traffic court to dispute his liability, did not pay the fine he was assessed, but listed the amount of the fine in his bankruptcy schedules. On the basis of the reasoning outlined below, we conclude that the debtor is not entitled to a permanent injunction.

The undisputed facts…

2Cases cited2 opinions

  1. Perez. v. CampbellSupreme Court of the United States · 1971
  2. Robert L. Johnson v. Edinboro State College and Pennsylvania Higher Education Assistance Agency. Appeal of Edinboro State CollegeCourt of Appeals for the Third Circuit · 1984

3Cited by8 opinions

  1. Pennsylvania Public Utility Commission v. Metro Transportation Co. (In Re Metro Transportation Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1986
  2. Commonwealth, Department of Public Welfare v. Johnson-Allen (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re BeanUnited States Bankruptcy Court, D. Colorado · 1986
  4. Smith v. Pennsylvania Department of TransportationDistrict Court, E.D. Pennsylvania · 1986
  5. Krystal Jeep Eagle, Inc. v. Bureau of Professional & Occupational AffairsCommonwealth Court of Pennsylvania · 1999

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