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IN RE JAMES

Nos. 00-15864(GMB), 03-13458(GMB).

304 B.R. 131 (2004)

In re Michael JAMES, Debtor. In re Phyllis Allen, Debtor.

United States District Court, D. New Jersey.

January 30, 2004.

Attorney(s) appearing for the Case

Eric J. Clayman, Jenkins & Clayman, Audubon, NJ, for Debtors.

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

Isabel C. Balboa, Cherry Tree Corporate Center Cherry Hill, NJ, for Chapter 13 Standing Trustee.

MEMORANDUM OPINION

GLORIA M. BURNS, Bankruptcy Judge.

The present motions are before the Court on two factually distinct, but legally related issues. Debtor Michael James ("James") and Debtor Phyllis Allen ("Allen") (collectively, the "Debtors"), both contend that there is no equity in their residences to which the State of New Jersey Motor Vehicle Commission (the "NJ MVC") liens may attach. Additionally, Debtors contend that if equity permitting...

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