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Scura Wigfield Heyer & Stevens Blog

Pedestrian accidents on major roadways

  • 27
  • February
    2015

While it's not rare for residents of New Jersey to be a pedestrian, there are some areas that are more prone to pedestrian traffic. It is very common to see pedestrians in parking lots, shopping areas, sidewalks, city streets and residential areas. However, it is less common to encounter pedestrians on major roadways without sidewalks such as Interstates and highways. Despite the fact that it is less common for individuals to travel by foot on these major roads, pedestrians do use these roads and are still prone to serious and fatal pedestrian accidents.

After a vehicle collides with a person, it is important to address pedestrian accident liability. But when these crashes occur on a major road such as an Interstate, it could be a complex legal and factual situation. Specifically, it could be difficult to establish whether both parties involved used proper care.

Understanding what a discharge in bankruptcy is

  • 25
  • February
    2015

Making the choice to file for bankruptcy is a big decision for residents in New Jersey and elsewhere in the nation. Filing for bankruptcy could result in debt relief and allow the individual to obtain a fresh financial start. But even after the process is initiated, individuals may have numerous question regarding what happens next and what their life will be like post bankruptcy.

One thing that is important to understand is discharge in bankruptcy. When this occurs, the debtor is no longer responsible for some or all of their debts. Specifically, this means that the debtor is not obligated under the law to pay off certain debts.

How common are pedestrian accidents?

  • 20
  • February
    2015

No matter the time of year or the weather, there will be pedestrians taking to the streets of New Jersey. This means pedestrians will be sharing the roads with cars, buses and other motor vehicles. This fact makes pedestrian safety a major issue in order to reduce risks and prevent pedestrian accidents from occurring.

How frequent are pedestrian accidents? According to a report by the Centers for Disease Control and Prevention, there were roughly 4,743 pedestrians killed in fatal traffic accident and approximately 76,000 injured pedestrians in 2012. These statistics mean that pedestrians are 1.5 times more likely than an occupant of a vehicle to be killed in a car crash each trip taken in an automobile.

Debt relief and considering personal bankruptcy

  • 18
  • February
    2015

When individuals and families in New Jersey are going through tough financial times, it is not rare for them to consider different ways to address their financial challenges. Whether it is due to credit card debt, unemployment or other money problems, our law firm understands that considering one's debt relief options is not only stressful but can be confusing as well. While filing for bankruptcy could be the best option to get a fresh financial start, it is important that individuals understand the process and know what to expect.

Our attorneys understand the numerous issues individuals in New Jersey could face when dealing with financial problems. One important factor to address is the inhumane treatment of the debtor. If you are being mistreated or harassed by creditors, it is important to address this issue in order to reduce the added stress this situation could cause. Furthermore, this ensures that creditors are not overstepping their bounds or harassing a debtor while the debtor is trying to get their financial life in order.

Are Payday loans coming to a halt?

  • 13
  • February
    2015

The 46 billion dollar payday lending industry may soon suffer from new federal regulations drafted by Consumer Protection Bureau. The new regulations, which are considered imminent, aim at stamping out short-term loans that come with national average interest rates of 339 percent.

The regulations are expected to address credit back car titles, installment loans that stretch longer than the typical two-week payday loans, and tighten restrictions on how many times a loan can be rolled over. Most importantly, lenders will be required to assess whether a borrower can fully repay the typical two-week payday loan.

Licensee Rights in a Bankruptcy Proceeding

  • 13
  • February
    2015

The rights afforded to a licensee under Section 365(n) trump "free and clear" sales under Section 365(f). This was the holding in a recent decision by Judge Kaplan in the Crumbs Bake Shop bankruptcy case; case number 14-24287. A court order allowing the sale of a bankrupt business free and clear of all liens will not reject or terminate a licensee's rights.

Prior to their bankruptcy filing, Crumbs Bake Shop had entered into licensing agreements with third parties which allowed these third parties to use the debtor's trademarks and trade secrets as well as sell products under the debtor's brand. Crumbs Bake Shop then sold, with bankruptcy court approval, its business. The purchaser of the business argued that the license agreements should be terminated as they were not part of the sale and the purchase of the business was free and clear.

The issue is whether trademarks are part of Section 365(n) which deals with intellectual property and the rights of patent or copyright licenses. "Intellectual property" is a defined bankruptcy term that does not include trademarks. Section 365(n) gives those with intellectual property rights the option to either (1) treat the bankruptcy as a termination of the license and assert a claim for rejection damages, or (2) retain the rights to use the license and continue to make royalty payments. This recent decision gives trademark licensees these same options.

The rejection by a debtor of a license agreement in bankruptcy only excuses the debtor from performing its obligations. The use of the license by the licensee is unaffected by this rejection. This now mirrors how it works outside of a bankruptcy case when there is a breach in the agreement.

Homeowner rights and stopping foreclosure

  • 13
  • February
    2015

Some homeowners in New Jersey might encounter issues with their mortgage loans. While in some cases these issues can quickly be corrected, a problematic mortgage loan could lead to a foreclosure. Our law firm understands that facing the possibility of losing a home to financial problems is a major event that needs to be addressed immediately and carefully. New Jersey homeowners should be aware of their rights and options so they can navigate the process to stop foreclosure.

While many are aware of the foreclosure crisis that has plagued numerous homeowners in New Jersey and elsewhere, they may not understand how a problematic mortgage loan could lead to a home foreclosure. Our attorneys are well versed in this area of law and have helped homeowners facing foreclosure understand their situation and how to navigate it.

How can consumers address credit card debt?

  • 11
  • February
    2015

Today, it is rare for residents in New Jersey to not have a credit card. Whether they use it regularly, in an emergency or just to collect points, credit card holders should understand what it means to have credit card debt. While it is often okay to have some credit card debt, if the amount of debt on a card gets out of hand, consumers should understand how to address their debts and obtain debt relief.

How can consumers address credit card debt? While there are various methods to address consumer debt, there are six common techniques used by debtors to obtain debt relief. These methods could help them maintain their finances, get a better grasp on their debt situation, reduce their debt or eliminate their debts altogether.

Truck driver safety during the winter months

  • 06
  • February
    2015

As this blog has pointed out in previous post, driving in the winter months can pose various dangers for New Jersey drivers. While traveling on ice and snow covered roads is not advisable, some drivers cannot avoid driving during inclement weather. Despite the dangerous road conditions, truck drivers often take to the road in order to make a timely delivery or shipment. Due to this situation, it is crucial that they understand truck driver safety and how to handle the winter roads.

During the winter, roads tend to get slippery die to the ice and snow. Trucking companies should properly train their drivers in order to ensure they practice safe driving during inclement weather. First of all, watching speed is important. Whether it is during low visibility or slippery conditions, traveling under the speed limit might be required. In these conditions, traveling speed limit could be considered too fast for conditions.

Debt collection options for small businesses

  • 04
  • February
    2015

When residents in New Jersey decide to start a business, it is very common that they will seek a small business loan. While it is obvious that at the start of the small business the owner with deal with a certain amount of debt, if the business fails to accumulate revenue and assets, they might have to consider debt relief options, filing for Chapter 11 bankruptcy or even ending the business. This is why it is important to understand how to address business debt, especially when they are dealing with their own debt collection issues from their customers or clients.

A small business owner may encounter customers or clients that fail to pay. This is turn causes the small business to endure troubling debt issues. Understanding why a customer or client has failed to pay their debts to them could help them better address their debt collection route.

Scura, Wigfield, Heyer & Stevens, LLP
1599 Hamburg Turnpike, Suite A
Wayne, NJ 07470

Toll Free: 866-930-2075
Fax: 973-696-8571
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Scura, Wigfield, Heyer & Stevens, LLP
The Hoboken Business Center,
50 Harrison Street, Suite 214F,
Hoboken, NJ 07030
Toll Free: 866-930-2075
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Hackensack, NJ 07601

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Newark, NJ 07102

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Scura, Mealey, Wigfield & Heyer, L.L.P. Attorneys at Law

John Scura of Scura, Wigfield, Heyer & Stevens, LLP, serves clients in New Jersey communities including Wayne, Hoboken, Jersey City, Paterson, Elizabeth, Edison, Camden, Clifton, Passaic, East Orange, Newark, Union City, Bayonne, Irvington, North Bergen, West New York, Bloomfield, Paramus, Fair Lawn, Ridgewood, Saddle Brook, River Edge, Emerson, Englewood, Ramsey, Tenafly, Glen Rock, Teaneck, and Hackensack, and in counties including Bergen County, Essex County, Middlesex County, Hudson County, Union County, Passaic County, and Morris County.

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