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IN RE SCHICK

No. 02-19562/JHW.

301 B.R. 170 (2003)

In the matter of Tracey L. SCHICK, Debtor.

United States Bankruptcy Court, D. New Jersey.

November 18, 2003.

Attorney(s) appearing for the Case

Eric J. Clayman, Esq., Jenkins & Clayman, Audubon, NJ, for Debtor.

Mary J. Goldschmidt, Esq., Deputy Attorney General, Department of Law & Public Safety, Division of Law, Trenton, NJ, for New Jersey Motor Vehicle Commission.

Isabel C. Balboa, Esq., Cherry Hill, NJ, Chapter 13 Standing Trustee.

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...

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