Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Wednesday, June 8, 2011

DMV Surcharge Not Subject to Discharge; in Re Schick 418 F. 3d. 321 (3rd Cir. 2005)-New articles, ABA newsletters and Community events

DMV Surcharge Not Subject to Discharge; in Re Schick 418 F. 3d. 321 (3rd Cir. 2005)

The circuit panel considers whether, under the Bankruptcy Code, a lien held by the N.J. Motor Vehicles Commission for unpaid motor vehicle surcharges and interest constitutes a judicial lien -- which may be avoided by the debtor to the extent that it impairs her entitlement to a homestead exemption -- or a statutory lien, which may not be avoided. Noting the split among the district courts on this issue, the panel holds that the lien is statutory, and affirms the decision of the District Court in this case.
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