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IN RE SCHICK

No. 04-2611.

418 F.3d 321 (2005)

In re: Tracey L. SCHICK.

United States Court of Appeals, Third Circuit.

August 9, 2005.

Attorney(s) appearing for the Case

Eric J. Clayman (Argued), John A. Gagliardi, Jenkins & Clayman, Audubon, New Jersey, for Appellant.

Peter C. Harvey, Attorney General of New Jersey, Patrick DeAlmeida, Assistant Attorney General, Tracy E. Richardson (Argued), Deputy Attorney General, Margaret A. Holland, Deputy Attorney General, R.J. Hughes Justice Complex, Trenton, New Jersey, for Appellee.

Before ROTH, FUENTES, and BECKER, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

This matter requires us to determine whether a lien held by the New Jersey Motor Vehicles Commission ("MVC") for unpaid motor vehicle surcharges and interest constitutes a judicial lien or a statutory lien as those terms are defined in the U.S. Bankruptcy Code (the "Code"). If it is a judicial lien, it may be avoided by the Debtor-Appellant, Tracey L. Schick, under 11 U.S.C. § 522(f) to the extent that it...

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