Search Rutgers Law Library N.J. Court Opinions

1 ABC BAIL BONDS, INC v. RAUDO MUNOZ -- rank: 1000

... the judgment of record from his real property pursuant to N.J.S.A. 2A:16-49.1, or alternatively to offset the judgment lien by plaintiff's ... matter pursuant to the Bankruptcy Court concurrent jurisdiction; and (2) N.J.S.A. 2A:16-49.1 did not apply because this was not a discharged debt ... was not entirely voided by the Bankruptcy Court; and (2) N.J.S.A. 2A:16-49.1 did not apply because defendant's indebtedness to plaintiff was ... contends that he meets the requirements for statutory relief under N.J.S.A. 2A:16-49.1 because (1) he meets the time requirement; and (2) "the ... discharge in the bankruptcy proceeding." The conditions for discharge under N.J.S.A. 2A:16-49.1 are (1) "that defendant was discharged from [the] debts pursuant ... Court for an order canceling the judgment against the defendant. N.J.S.A. 2A:16:49.1. The statute states in relevant part: At any time ...

docket:	a0957-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-21
status:	unpublished
citation:
Document Size:	45999

2 /usr/local/share/www/libweb/collections/courts/appellate/a0476-21.opn.html -- rank: 969

... permit clouds on title arising from a discharged debt, citing N.J.S.A. 2A:16-49.1. They further argued that the maturity date of the mortgage ... entered against Chepovetsky personally. The court noted that pursuant to N.J.S.A. 2A:16-49.1, a judgment must be vacated 'if it is a year ... liability on the guaranty. 6 Independent of the Supremacy Clause, N.J.S.A. 2A:16-49.1 permits a bankruptcy debtor who obtains a discharge in bankruptcy ... its lien during the year following the bankruptcy discharge under N.J.S.A. 2A:16-49.1. Gaskill, 221 N.J. at 506. In contrast, we hold ... directing the judgment to be cancelled and discharged of record.' N.J.S.A. 2A:16-49.1 is 'an ancillary remedy for discharge of judgments, within the ... in bankruptcy. Thus, plaintiffs we re entitled to proceed under N.J.S.A. 2A:16-49.1 to cancel and discharge any judgment imposing personal liability ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	48286

3 Robert D. Gaskill v. Citi Mortgage, Inc. -- rank: 959

... conclusion of bankruptcy proceedings, the Court considers the application of N.J.S.A. 2A:16-49.1. The statute allows a debtor, whose debts have been discharged ... More than three years later, plaintiffs filed this action under N.J.S.A. 2A:16-49.1, which requires the debtor to wait at least a year ... bankruptcy petition or the bankruptcy discharge. The panel held that N.J.S.A. 2A:16-49.1 was drafted on the assumption that any creditor subject to ... during the year following the bankruptcy discharge, as permitted by N.J.S.A. 2A:16-49.1. Timely notice would have enabled the creditor to take action ... is required before a debtor may invoke the protection of N.J.S.A. 2A:16-49.1 and that equitable tolling was an appropriate remedy in the ... years after the bankruptcy discharge, plaintiffs filed this action under N.J.S.A. 2A:16-49.1. That statute permits a debtor, whose debts have been ...

docket:	A-51-13
court:	NJ Supreme Court
decided:	2015-05-28
status:
citation:	221 N.J. 501 114 A.3d 742
Document Size:	39283

4 NEW CENTURY FINANCIAL SERVICES, INC. v. WEBSTER N. STAPLES et al. -- rank: 953

... FALL, J.A.D. This is an application pursuant to N.J.S.A. 2A:16-49.1 by judgment debtors discharged in bankruptcy to cancel and discharge ... judgment debtors prior to their filing of a bankruptcy petition, N.J.S.A. 2A:16-49.1 precludes the canceling and discharge of that judgment as a ... discharged or released under the provisions of the Bankruptcy Act." N.J.S.A. 2A:16-49.1. Here, we conclude that the judgment lien cannot be canceled ... judgment as a lien against their real property, pursuant to N.J.S.A. 2A:16-49.1, on the grounds that the judgment lien impaired their homestead ... bankrupt[s] prior to the time [they] were adjudged . . . bankrupt," N.J.S.A. 2A:16-49.1, the judgment was "subject to be discharged or released under ... did not reach the issue of application or interpretation of N.J.S.A. 2A:16-49.1. In granting defendants' application, the judge concluded that N. ...

docket:	A2116-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-09
status:	published
citation:	379 N.J. Super. 489 879 A.2d 119
Document Size:	61889

5 /usr/local/share/www/libweb/collections/courts/appellate/a4618-17.opn.html -- rank: 894

... real property he owns with his wife. Davis relies on N.J.S.A. 2A:16-49.1. The statute is designed to 'assure that judgments intended to ... then the Superior Court is obliged to discharge the lien. N.J.S.A. 2A:16-49.1. By contrast, if the lien was 'not subject to be ... enforced.' Chemical Bank, 354 N.J. Super. at 5 (citing N.J.S.A. 2A:16-49.1). We hold that the judgment lien in this case was ... 727. Over six years later, Davis filed his application under N.J.S.A. 2A:16- 49.1 to cancel and discharge Cooper Electric's judgment lien. Cooper ... filing.' On appeal, Davis argues the trial court erroneously interpreted N.J.S.A. 2A:16-49.1. As the appeal turns on a purely legal determination, our ... J. 366, 378 (1995). We turn first to the statute. N.J.S.A. 2A:16-49.1 consists of three pertinent parts. First, a bankrupt debtor ...

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6 ROBERT D. GASKILL v. CITI MORTGAGE -- rank: 891

... CUFF, P.J.A.D. In this appeal, we address N.J.S.A. 2A:16-49.1, which permits a debtor, who has received a discharge of ... 10, 2005, plaintiffs filed a complaint against Citi pursuant to N.J.S.A. 2A:16-49.1 seeking cancellation of the judgment lien on the Hamilton and ... before bankruptcy against real property survives. The judge stated that N.J.S.A. 2A:16-49.1 provides the debtor with an ancillary remedy to achieve his ... of discharge, the lien is subject to cancellation pursuant to N.J.S.A. 2A:16-49.1. Judge Hogan noted that neither party disputed that Citi levied ... held the judgment lien was subject to cancellation pursuant to N.J.S.A. 2A:16-49.1. However, he also held that a court of equity could ... one year period under the undisputed facts of this case. N.J.S.A. 2A:16-49.1 provides: At any time after 1 year has elapsed, ...

docket:	a5832-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-28
status:	published
citation:	428 N.J.Super. 234 52 A.3d 192
Document Size:	34056

7 CHEMICAL BANK v. DONALD JAMES, -- rank: 882

... A.D.     The question presented in this appeal is whether N.J.S.A. 2A:16-49.1 provides:     At any time after 1 year has elapsed, since ... record as a lien on his real property pursuant to N.J.S.A. 2A:16-49.1. The motion was opposed.     On April 24, 2001, the Law ... denied.     On appeal, defendant argues the motion judge erroneously interpreted N.J.S.A. 2A:16-49.1 because plaintiff's failure to levy upon defendant's interest ... the property did not operate to foreclose relief pursuant to N.J.S.A. 2A:16-49.1.     A creditor who dockets a judgment against a debtor's ... J. Super. 251 , 254 (App. Div. 1976).     The intent of N.J.S.A. 2A:16-49.1 is to provide the bankrupt debtor with an ancillary remedy ... 225 , (1989) and certif. denied , 118 N.J. 229 (1989).      N.J.S.A. 2A:16-49.1 "clears the record as a housekeeping measure unless the ...

docket:	a5211-00
court:	njappellate
decided:	2002-08-20
status:	published
citation:	354 N.J. Super. 1
Document Size:	23988

8 UNITED SUPPLY COMPANY DIVISION OF USCO INC v. WALTER J. MCCOLLUM -- rank: 882

... discharging its judgment against defendant Walter J. McCollum pursuant to N.J.S.A. 2A:16-49.1. We affirm. We summarize the pertinent facts and procedural history ... Special Civil Part to discharge plaintiff's judgment pursuant to N.J.S.A. 2A:16-49.1. In opposition, plaintiff essentially argued the lien passed through bankruptcy ... bankruptcy, McCollum argued he was entitled to relief pursuant to N.J.S.A. 2A:16-49.1. In a decision placed on the record, the motion judge ... 412, 418 (2020) (recognizing statutory interpretation is reviewed de novo). N.J.S.A. 2A:16-49.1 provides that one year or more after a bankruptcy discharge ... a valid and perfected judgment lien on real property under N.J.S.A. 2A:16-49.1, 'the threshold and controlling issue is whether the judgment [lien ... of the bankruptcy proceedings.' Ibid. (quoting Sponsor's Statement to N.J.S.A. 2A:16-49.1 (July 10, 1967)). In the present matter, a lien ...

docket:	a1300-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-11
status:	Unpublished
citation:
Document Size:	17976

9 FRANK BORROMEO , -- rank: 811

... the debtor's ability to employ the discharge provisions of N.J.S.A. 2A:16-49.1. In this matter, we agree with the trial judge that ...

docket:	a3979-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-06
status:	published
citation:	409 N.J. Super. 124 976 A.2d 388
Document Size:	63321

10 TWIN BORO LUMBER SUPPLY CO v. JAMES K. BOGIE -- rank: 783

... discharging its judgment against defendant, James K. Bogie, pursuant to N.J.S.A. 2A:16-49.1. We affirm. The facts are straightforward and largely undisputed. Plaintiff ... judgment by default pursuant to Rule 4:50-1 and N.J.S.A. 2A:16-49.1. After plaintiff filed its notice of appeal, the judge held ... stated in the motion judge's cogent statement of reasons. N.J.S.A. 2A:16-49.1 provides that one year or more after a bankruptcy discharge ... a valid and perfected judgment lien on real property under N.J.S.A. 2A:16-49.1, 'the threshold and controlling issue is whether the judgment [lien ... of the bankruptcy proceedings.' Ibid. (quoting Sponsor's Statement to N.J.S.A. 2A:16-49.1 (July 10, 1967)). In the present matter, although plaintiff obtained ... lien. Because Bogie complied with the requirements set forth in N.J.S.A. 2A:16-49.1, the motion judge correctly concluded plaintiff's judgment lien ...

docket:	a0105-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-11
status:	Unpublished
citation:
Document Size:	14143

11 THE PARTY PARROT, INC. VS BIRTHDAYS & HOLIDAYS, INC. ET AL -- rank: 764

... able to avoid enforcement of the lien by operation of N.J.S.A. 2A:16-49.1. There was no reference in that motion or order concerning ... had the right to proceed against defendant's property under N.J.S.A. 2A:16-49.1.      N.J.S.A. 2A:16-49.1 provides in relevant part:             At any time after 1 year ... under the provisions of the Bankruptcy Code, as provided in N.J.S.A. 2A:16-49.1. The statute clears the record as a housekeeping measure unless ...

docket:	a2901-94
court:	njappellate
decided:	1996-03-29
status:	published
citation:	<a href=
Document Size:	33388

12 NIKON, INC v. SIMON DOUEK -- rank: 761

... from an order denying his motion to discharge pursuant to N.J.S.A. 2A:16-49.1 a judgment lien held by plaintiff Nikon Inc. (Nikon) and ... moved in the Superior Court for an order pursuant to N.J.S.A. 2A:16-49.1 to cancel and discharge plaintiff's judgment lien. N.J.S.A. 2A:16-49.1 provides that one year after a bankruptcy discharge, a debtor ... s motion to discharge plaintiff's judgment lien pursuant to N.J.S.A. 2A:16-49.1 and his subsequent order denying defendant's motion for reconsideration. N.J.S.A. 2A:16-49.1 does not allow for the discharge of a judgment lien ...

docket:	a0286-21
court:	NJ Superior Court Appellate Division
decided:	2022-07-27
status:	Unpublished
citation:
Document Size:	19494

13 /usr/local/share/www/libweb/collections/courts/appellate/a3427-20.opn.html -- rank: 752

... not be affected by said order and may be enforced.' N.J.S.A. 2A:16-49.1 (emphasis added). ' N.J.S.A. 2A:16-49.1 'clears the record as a housekeeping measure unless the judgment ... J. Super. at 174. Consequently, pursuant to the Bankruptcy Code, N.J.S.A. 2A:16-49.1, and relevant case law, plaintiff was entitled to enforce its ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21808

14 FOLEY, INC. v. FEVCO, INC. and MILITA RODRIGUEZ -- rank: 727

... than three years. On May 19, 2003, Elisa moved under N.J.S.A. 2A:16-49.1 to vacate the May 13, 1999 Law Division default judgment ... D.N.J. 2002) (referring to the relief afforded by N.J.S.A. 2A:16-49.1 provides, in pertinent part: At any time after 1 year ... one year thereafter, the debtor was entitled to relief under N.J.S.A. 2A:16-49.1. V. The question before us is whether defendants' liability as ...

docket:	a6051-02
court:	njappellate
decided:	2005-08-25
status:	published
citation:	379 N.J. Super. 574
Document Size:	72880

15 BARBARA H. FLEISHER v. ROSE E. COLON -- rank: 708

... that discharged the April 12, 2005 monetary judgment, pursuant to N.J.S.A. 2A:16-49.1. 9 The record reveals that the thrust of Fleisher's ... stated that it secured the repayment of $120,000. 9 N.J.S.A. 2A:16-49.1 permits a judgment debtor to apply for a discharge of ... that the September 7, 2007 order, which was based on N.J.S.A. 2A:16-49.1, did not eliminate any lien that Nguyen possessed on the ... the motion was originally based solely on the effect of N.J.S.A. 2A:16-49.1. As a result, the required statement of undisputed facts, R ...

docket:	a2807-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-06
status:	unpublished
citation:
Document Size:	46763