IN RE SCHICK

No. 04-CV-0067 (RBK).

308 B.R. 189 (2004)

In re Tracey L. SCHICK.

United States District Court, D. New Jersey.

May 4, 2004.


Attorney(s) appearing for the Case

Eric J. Clayman, Jenkins & Clayman, Audubon, NJ, Attorney for Appellee/Debtor.

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

Isabel C. Balboa, Cherry Hill, NJM, Chapter 13 Standing Trustee.


OPINION

KUGLER, District Judge.

In this Chapter 13 bankruptcy case, the Court must determine whether a lien held by the New Jersey Motor Vehicle Commission ("NJ MVC") for unpaid motor vehicle surcharges and interest constitutes a judicial lien or a statutory lien as those terms are defined under the Bankruptcy Code (the "Code"). If the lien is judicial, then it may be avoided under section 522(f) of the Code by the debtor Tracy L. Schick ("the debtor...

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