Legal Opinion
In Re: Tracey L. Schick
Court of Appeals for the Third Circuit
Decided August 9, 2005No. 04-2611PublishedCited by 41 opinions
1Opinion of the Court
OPINION OF THE COURT
FUENTES, Circuit Judge.
This matter requires us to determine whether a lien held by the New Jersey Motor Vehicles Commission (“MVC”) for unpaid motor vehicle surcharges and interest constitutes a judicial lien or a statutory lien as those terms are defined in the U.S. Bankruptcy Code (the “Code”). If it is a judicial lien, it may be avoided by the Debtor-Appellant, Tracey L. Schick, under 11 U.S.C. § 522(f) to the extent that it impairs her entitlement to a homestead exemption under 11 U.S.C. § 522(d)(1). However, if statutory, the lien may not be avoided by the Debtor. At…
2Cases cited14 opinions
- In Re AsheCourt of Appeals for the Third Circuit · 1982
- In Re: Pillowtex, Inc. Duke Energy Royal, LLC v. Pillowtex CorporationCourt of Appeals for the Third Circuit · 2003
- Commonwealth of Pennsylvania Department of Environmental Resources v. Tri-State Clinical Laboratories, Inc., Joseph Nigro, TrusteeCourt of Appeals for the Third Circuit · 1999
- Gardner v. Commonwealth Of PennsylvaniaCourt of Appeals for the Third Circuit · 1982
- Jay Graffen Cass Graffen v. City of Philadelphia, Jay & Cass GraffenCourt of Appeals for the Third Circuit · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- In Re: Fruehauf Trailer Corporation, Debtor Pension Transfer Corp. v. Beneficiaries Under the Third Amendment to Fruehauf Trailer Corporation Retirement Plan No. 003 Fruehauf Trailer Corporation Retirement Plan, Plan No. 003 Beneficiaries Under the Third Amendment to Fruehauf Trailer Corporation Retirement Plan No. 003, and Steven F. Hollrah and Steve Havens, as Class RepresentativesCourt of Appeals for the Third Circuit · 2006
- In Re Hechinger Investment Company of Delaware, Inc., Debtors. Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc., No. 06-2166. In Re Hechinger Investment Company of Delaware, Inc., Debtors. Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc. Hechinger Liquidation Trust, as Successor in Interest to Hechinger Investment Company of Delaware Inc., Debtors in Possession, No. 06-2229Court of Appeals for the Third Circuit · 2007
- Harvard Secured Creditors Liquidation Trust v. Internal Revenue Service (In Re Harvard Industries, Inc.)Court of Appeals for the Third Circuit · 2009
- Cohen v. SikiricaDistrict Court, W.D. Pennsylvania · 2013
- Young v. 1200 Buena Vista CondominiumsDistrict Court, W.D. Pennsylvania · 2012
36 more not listed; retrieve them via the Exa API.