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CHEMICAL BANK v. JAMES

803 A.2d 1166 (2002)

354 N.J. Super. 1

CHEMICAL BANK, Plaintiff-Respondent, v. Donald JAMES, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 20, 2002.

Attorney(s) appearing for the Case

Bernard Schenkler, Roseland, argued the cause for appellant (Orloff, Lowenbach, Stifelman & Siegel, co-counsel; Mr. Schenkler, on the brief; Mandelbaum, Salsburg, Gold, Laris, Discenza & Steinberg, co-counsel; Mark Baumgarten, on the brief).

Donald S. Maurice, Jr., Bridgewater, argued the cause for respondent (Marino & Maurice, attorneys; Mr. Maurice and Thomas R. Dominczyk, on the brief).

Before Judges NEWMAN, BRAITHWAITE and FALL.

The opinion of the court was delivered by FALL, J.A.D.

The question presented in this appeal is whether N.J.S.A. 2A:16-49.1 authorizes the cancellation and discharge of a judgment lien of record against the real property of a judgment debtor whose personal liability for the underlying debt has been discharged in a bankruptcy proceeding, where the bankrupt's interest in that real property was abandoned by the trustee...

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