Felix Frankfurter

“ The Utah Safety Responsibility Act leaves the bankrupt to some extent burdened by the discharged debt. Certainly some inroad is made on the consequences of bankruptcy if the creditor can exert pressure to recoup a discharged debt, or part of it, through the leverage of the State's licensing and registration power. But the exercise of this power is deemed vital to the State's well-being, and, from the point of view of its interests, is wholly unrelated to the considerations which propelled Congress to enact a national bankruptcy law. ”

“ The Safety Responsibility Act requires satisfaction of judgments due to auto accidents as a condition of reinstatement and specifically provides that a discharge in bankruptcy shall not relieve the judgment debtor from this requirement. ”

“ Financial-responsibility laws are intended to discourage careless driving or to mitigate its consequences by requiring as a condition of licensing or registration the satisfaction of outstanding accident judgments, the posting of security to cover possible liability for a past accident, or the filing of an insurance policy or other proof of ability to respond in damages in the future. By 1915 a San Francisco ordinance required a bond or liability insurance for all buses; [9] a number of other cities and States early enacted similar provisions. ”

“ It requires persons involved in certain accidents to deposit security to cover the past if they were not insured. It requires proof of future responsibility from those convicted of certain violations and from those owing judgments unsatisfied after thirty days. In addition, unless insured, the judgment debtor must satisfy the obligation, to the extent of the minimum amounts of financial responsibility required, before his privileges are restored. Installment payments, until default, are allowed. Bankruptcy is no release ”

“ Backus, 4 How. 21, 11 L.Ed. 858 (1846) , under an earlier bankruptcy law, [36] the Court held that a discharge did not prevent the State from collecting a fine for contempt in violation of an injunction issued to aid in the execution of a judgment debt, although the fine was turned over to the creditor. States are not free to impose whatever sanctions they wish, other than an action of debt or assumpsit, to enforce collection of a discharged debt. ”

“ Fifteen other States have enacted statutes substantially similar except that unpaid judgments are reported by the court or clerk without request by the creditor. [30] Nine more retain statutes differing from the last foregoing principally in the absence of provisions for restoration of privileges without payment on the consent of the creditor; these are in substance the same as the common statute earlier in force in Utah, except that security is usually required in the event of accident. ”

“ Georgia requires only payment and not proof for restoration after judgment and requires no proof to reinstate with creditor consent. There is no provision regarding bankruptcy. From 1951 (Laws, No. 386) to 1956, Georgia's financial-responsibility provision required security after accidents and proof after certain violations.) ”

“ United States, supra. This case presents a sole, immediate constitutional question, differing from Buder, Bransford, and Case, which presented issues of statutory construction even though perhaps eventually leading to a constitutional question. ”