Legal Opinion

Commonwealth v. Thomas

Commonwealth Court of Pennsylvania

Decided November 22, 1991No. 84 C.D. 1990PublishedCited by 3 opinions

1Opinion of the Court

BYER, Judge.

This case presents a question of first impression in Pennsylvania: whether enforcement of section 1785 of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1785,1 which provides for suspension of operating privileges of uninsured owners, is preempted by the Bankruptcy Code’s anti-discrimination provisions, 11 U.S.C. § 525.2 Because we find no conflict between our statute and the Bankruptcy Code, we hold that a licensed driver’s filing for relief under the Bankruptcy Code does not relieve the owner of the obligation to prove financial responsibility under the…

2Cases cited12 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  3. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  4. Perez. v. CampbellSupreme Court of the United States · 1971
  5. FMC Corp. v. HollidaySupreme Court of the United States · 1990

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3Cited by3 opinions

  1. COM., DEPT. OF TRANSP. v. RileyCommonwealth Court of Pennsylvania · 1992
  2. COM., DEPT. OF TRANSP. v. SlackCommonwealth Court of Pennsylvania · 1992
  3. COM., DEPT. OF TRANSP. v. SlackCommonwealth Court of Pennsylvania · 1992

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