Legal Opinion
In Re Schick
United States Bankruptcy Court, D. New Jersey
Decided November 18, 2003No. 19-11731PublishedCited by 5 opinions
1Opinion of the Court
OPINION
JUDITH H. WIZMUR, Bankruptcy Judge.
To be resolved here is the debtor’s motion to reclassify as unsecured the claim held by the New Jersey Motor Vehicle Commission (“NJ MVC”) for unpaid surcharges and interest. The debtor, Tracey L. Schick, asserts that the lien held by the NJ MVC is a judicial lien, which impairs her entitlement to a homestead exemption, and which should be avoided by operation of 11 U.S.C. § 522(f). The NJ MVC contends that it holds a statutory lien that is not avoidable by the debtor. For the reasons expressed below, I conclude that the Hen held by the NJ MVC is a…
2Cases cited10 opinions
- Pane v. RCA Corp.Court of Appeals for the Third Circuit · 1989
- Pane v. RCA Corp.District Court, D. New Jersey · 1987
- Gardner v. Commonwealth Of PennsylvaniaCourt of Appeals for the Third Circuit · 1982
- In re BleaseCourt of Appeals for the Third Circuit · 1979
- Jay Graffen Cass Graffen v. City of Philadelphia, Jay & Cass GraffenCourt of Appeals for the Third Circuit · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re: Tracey L. SchickCourt of Appeals for the Third Circuit · 2005
- D'Angelo v. J.P. Morgan Chase Bank, N.A. (In re D'Angelo)United States Bankruptcy Court, E.D. Pennsylvania · 2012
- In Re JamesDistrict Court, D. New Jersey · 2004
- In Re SchickDistrict Court, D. New Jersey · 2004
- In Re: SchickCourt of Appeals for the Third Circuit · 2005