Legal Opinion
Lugo v. Paulsen (In Re Lugo)
District Court, D. New Jersey
Decided January 13, 1989No. Civ. A. 88-3931PublishedCited by 10 opinions
1Opinion of the Court
OPINION
SAROKIN, District Judge.
INTRODUCTION
The court is here confronted with two conflicting legislative purposes. The federal law seeks to discharge debts and provide an insolvent person with a fresh start. The state law seeks to deter drunk drivers by requiring that they make a substantial contribution to a general insurance fund once they are convicted. Whether or not the obligation is characterized as a debt, a penalty or a mandatory insurance premium affects the judicial analysis. Ultimately, however, the court concludes that such surcharges imposed by the state against those convicted…
2Cases cited14 opinions
- Blum v. StensonSupreme Court of the United States · 1984
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Perez. v. CampbellSupreme Court of the United States · 1971
- Gleason v. ThawSupreme Court of the United States · 1915
- Ohio v. KovacsSupreme Court of the United States · 1985
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re AdamsUnited States Bankruptcy Court, D. New Jersey · 1989
- Lugo v. PaulsenCourt of Appeals for the Third Circuit · 1989
- Kish v. Farmer (In Re Kish)United States Bankruptcy Court, D. New Jersey · 1999
- Matter of KentUnited States Bankruptcy Court, D. New Jersey · 1995
- In Re AliceaUnited States Bankruptcy Court, D. New Jersey · 1996
5 more not listed; retrieve them via the Exa API.