WILLIAMS v. MOTLEY

No. 90-2669.

925 F.2d 741 (1991)

Donald E. WILLIAMS, Commissioner, Department of Motor Vehicles, Commonwealth of Virginia, Plaintiff-Appellee, v. Linda Gale MOTLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1991.


Attorney(s) appearing for the Case

Holly Stemler Peters, Legal Aid Society of the Roanoke Valley, argued (James R. Cromwell, Wilson, Vogel & Creasy, Roanoke, Va., on brief), for defendant-appellant.

Jeffrey A. Spencer, Asst. Atty. Gen., argued (Mary Sue Terry, Atty. Gen., H. Lane Kneedler, Chief Deputy Atty. Gen., K. Marshall Cook, Deputy Atty. Gen., Patrick R. Bynum, Jr., Sr. Asst. Atty. Gen., Richmond, Va., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, WILKINS, Circuit Judge, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.


WILKINS, Circuit Judge:

Linda Gale Motley appeals an order of the district court holding that assessments imposed by the Commissioner of the Virginia Department of Motor Vehicles ("the Department") are excise taxes for purposes of 11 U.S.C.A. § 507(a)(7)(E) (West Supp.1990) and, therefore, are not debts dischargeable in bankruptcy pursuant to 11 U.S.C.A. § 523(a)(1)(A) (West Supp.1990). We affirm in part and reverse in part.

I.

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