Hugo Black

“ This action of the State, which takes away the benefits conferred on the bankrupt by Congress in § 17 of the Bankruptcy Act and gives special privileges to one class of creditors, cannot, in my judgment, be justified by reference to any 'complicated demands of our federalism.' There are plenty of ways for the States to protect their highways from reckless and irresponsible drivers without running roughshod over immunities that the United States, acting through a specifically granted, exclusive federal power, has chosen to give its citizens. ”

“ Without the privileges it bestows on helplessly insolvent debtors to make a new start in life, many individuals would find themselves permanently crushed by the weight of obligations from which they could never hope to remove themselves and the country might, therefore, be deprived of the value of the endeavors of many otherwise useful citizens who simply would have lost their incentive for constructive work. ”

“ I agree that this case was properly heard by a three-judge District Court but dissent from the Court's holding that Utah may, through its Motor Vehicle Safety Responsibility Act, enforce the payment of a judgment already discharged under the Federal Bankruptcy Act. Section 17 of the Bankruptcy Act provides that 'discharge in bankruptcy shall release a bankrupt from all of his provable debts,' [1] and this Court has held that a tort judgment, such as that against appellant, arising out of an automobile accident, is a provable debt within the meaning of that section. ”