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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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status:	unpublished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

2 NEW CENTURY FINANCIAL SERVICES, INC. v. WEBSTER N. STAPLES et al. -- rank: 980

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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

3 Robert D. Gaskill v. Citi Mortgage, Inc. -- rank: 964

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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 ROBERT D. GASKILL v. CITI MORTGAGE -- rank: 912

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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

5 /usr/local/share/www/libweb/collections/courts/appellate/a0476-21.opn.html -- rank: 887

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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court:	NJ Superior Court Law/Chancery Division
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6 UNITED SUPPLY COMPANY DIVISION OF USCO INC v. WALTER J. MCCOLLUM -- rank: 874

... 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 ... 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, 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 ... 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 ... 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 ... 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 ...

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

7 /usr/local/share/www/libweb/collections/courts/appellate/a4618-17.opn.html -- rank: 841

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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8 CHEMICAL BANK v. DONALD JAMES, -- rank: 832

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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

9 TWIN BORO LUMBER SUPPLY CO v. JAMES K. BOGIE -- rank: 741

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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

10 /usr/local/share/www/libweb/collections/courts/appellate/a3427-20.opn.html -- rank: 696

... 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 ... 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 ...

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court:	NJ Superior Court Law/Chancery Division
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11 NIKON, INC v. SIMON DOUEK -- rank: 693

... 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 ... 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 ... 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 ...

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

12 BARBARA H. FLEISHER v. ROSE E. COLON -- rank: 677

... 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 ... 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 ... 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 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 ...

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

13 THE PARTY PARROT, INC. VS BIRTHDAYS & HOLIDAYS, INC. ET AL -- rank: 648

... 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 ... 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 ... 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 ...

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

14 FRANK BORROMEO , -- rank: 645

... 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 ...

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

15 U.S. BANK TRUST, N.A v. LULU B. FLAMER, -- rank: 638

... final judgment of foreclosure and cancel her mortgage pursuant to N.J.S.A. 2A:16-49.1, and the denial of her motion for reconsideration. We ... vacate the final judgment and cancel the mortgage pursuant to N.J.S.A. 2A:16-49.1. Defendant argued that the mortgage loan was discharged under ... pursuant to Rule 4:50 and cancel the mortgage under N.J.S.A. 2A:16-49.1. We note initially that a trial court's determination ... mortgage was discharged in the bankruptcy proceeding. She relies on N.J.S.A. 2A:16-49.1. The statute provides: At any time after [one] year ... bankruptcy. A-2208-17T1 6 The trial judge properly analyzed N.J.S.A. 2A:16-49.1, and duly found the foreclosure action was in rem ...

docket:	a2208-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-21
status:	Unpublished
citation:
Document Size:	12920