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Scura Wigfield Heyer & Stevens Blog

Revel asks judge to void sale of their Atlantic City casino hotel

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  • December
    2014

The decision to file for bankruptcy is seldom an easy one. Even after the process is initiated, there is a chance that an individual will run into a few bumps in the road, making an already difficult time more challenging. With regards to business bankruptcy, these difficulties often occur due to the complex nature of the filing. Before the process is completed, several steps are required. In most cases, this is the liquidation of assets and even the sale of the business.

Many New Jersey residents are aware of the bankruptcy filing of the failed Atlantic City casino, Revel. The $2.4 billion casino filed for a Chapter 11 bankruptcy months ago and is currently dealing with the issues surrounding the sale of the casino. After a Canadian company won the bid at a court auction sale, the casino requested that the bankruptcy court void the proposed sale.

What steps should follow a truck accident?

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  • December
    2014

Drivers in New Jersey will often encounter large trucks on the roadways. Whether it is a semi-truck or a tractor-trailer truck, these vehicles often carry large shipments and travel long distance to make a delivery. Because they often travel a long distance, truck drivers are often behind the wheel for long hours. Driver fatigue is one of the several factors that could lead to a truck accident, and those injured in a truck crash should under understand what steps to take after one occurs.

What steps should be taken after a truck accident? Because the trucking industry is well equipped with protocols following a truck accident, it is often the case that the trucking company and their insurance company have already taken steps to limit their liability. This makes it especially important to gather as much evidence as possible following the accident.

Bankruptcy Fraud? Blame Yourself

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  • December
    2014

It is important to remember how important it is to disclose all income and assets in a bankruptcy filing. Bankruptcy petitions are signed under the penalty of perjury. It is unfortunate that we live in a society where a signature usually means nothing: daily purchases at supermarkets and retail stores don't normally include the merchant checking for alternate forms of identification or authenticating the purchaser's signature. A debtor's signature on a bankruptcy petition holds much more weight and sometimes severe consequences.

A lot can be learned from the recent sentence handed down to reality TV stars Teresa and Joseph Giudice, most importantly the severity of accurately reporting income and assets on a bankruptcy petition. Teresa Giudice is now suing her former bankruptcy attorney for malpractice and seeking $5 million in retaliation of her 15-month federal prison term for fraud. Teresa claims it was her attorney who failed to report the family's earnings on their bankruptcy petition.

In the end it is the debtor's responsibility to ensure a bankruptcy petition includes all income and assets. Omitting income and assets could lead to fraud charges. Most importantly, it will lead to not receiving your bankruptcy discharge, which is the whole point of the process. In all of your dealings with your bankruptcy attorney it is important to be open and honest. Most bankruptcy issues that arise could have been prevented with clear and effective communication to your attorney.

Civil Judgments After Bankruptcy

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  • December
    2014

After a successful bankruptcy, a person is discharged from most debts - meaning the person no longer has any personally responsibility for the debt. What many New Jersey residents don't know, however, is that while a person is discharged from a judgment resulting from a civil suit, the judgment lien remains against any real estate owned by that person within the state.
The reason is this oddity is that under New Jersey law a judgment attaches to any real property owned by the judgment debtor within the state. Although the debtor no longer personally owes the underlying debt, the judgment lien "rides through" bankruptcy unaffected. This becomes a problem when later the debtor wants to sell their home, but the title to the property is encumbered by the judgment lien.

The Judgment Lien Can be Voided as Part of the Bankruptcy

As part of our standard practice my office looks to see if the judgment lien can be avoided under certain provisions of the Bankruptcy Code. We make it standard practice to void the lien when applicable by filing a motion as part of the bankruptcy. After the bankruptcy case is over, voiding the lien is a bit more complicated; but it can still be accomplished under state law (see Party Parrot, supra, 289 N.J. Super. at 173, 673 A.2d 293) or a motion to re-open the bankruptcy case can also be made.

The procedure to be followed under state law is found in N.J.S.A. 2A:16-49.1.

Pursuing legal action after a car accident

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  • December
    2014

During this time of year, residents in New Jersey are hastily shopping for gifts, decorating, baking and getting their plans in order for the impending celebrations. While this is a time of great joy and celebration, it is also a season of many dangers. Whether it is due to winter weather or negligent drivers -- including drunk drivers -- serious and even fatal accidents can happen during this time of year. Our firm understands that being involved in any type of automobile accident could be life impacting, and holding the party at fault accountable is an important priority.

Whether it is night or day, in the city or residential area, accidents can happen at any time on the roadways. Moreover, injuries and damages could result whether it is a high-impact or slow-moving crash. The details surrounding the crash are pertinent in the investigation of the accident, and our attorneys aim to uncover the evidence that could help hold the liable party accountable for their negligence or recklessness.

What is Property of the Bankruptcy Estate?

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  • December
    2014

When you declare bankruptcy, anything that you have a property interest in becomes an asset of your bankruptcy estate. All assets of the bankruptcy estate must be listed on your bankruptcy petition, or you may be putting your discharge in jeopardy. Even valueless entities that you have an interest in must be listed as assets, so that the trustee and creditors can make a full investigation into your financial affairs. Until the trustee's interest in your entity has been disclaimed by the trustee, you cannot sign away your interest in the entity without the trustee's permission. This can make decision making tricky for other members of the LLC, if the bankruptcy process is long and ongoing.

Contact a Lawyer

If you are considering bankruptcy, contact a lawyer so you can be guided accordingly as to what your options are and what option is best for you. The bankruptcy process can be difficult to navigate, so it is important that you have someone representing you who is familiar with the process to make sure everything goes smoothly.

Elements of a wrongful death claim

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  • December
    2014

The loss of a loved one is a difficult event to process. The magnitude of the emotions and impacts could increase if their family member lost their life due to the negligence of another. Whether it was a fatal car accident, work accident, property incident or a fatal injury from a defective product, loved ones in New Jersey should understand their options regarding legal remedies and offsetting the financial burdens associated with the fatal accident.

In order to file a wrongful death claim, individuals in New Jersey should note that in general there are certain elements that need to be met in this type of lawsuit. First, there must be a death of a human being. Next, their death must be caused by the negligence of another or the result of another's intent to cause harm to them. Finally, the family members of the deceased must suffering monetary injury as a result of their death.

CHAPTER 13 FOLLOWING CHAPTER 7

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  • December
    2014

If you have recently filed for a chapter 7 bankruptcy and received a bankruptcy discharge but want to find a way to keep your home from a potential foreclosure, then a subsequent chapter 13 bankruptcy may be a good option for you. This situation is known as a chapter 20 bankruptcy filing. Through the chapter 13, you may be able to obtain a loan modification through the loss mitigation program or cure the arrears owed on your mortgage through a chapter 13 plan. Until the final foreclosure sale, you still have a property interest in your home and legal avenues to attempt to work out a solution to be able to remain in the home.

Contact a Lawyer

If you are considering bankruptcy, contact a lawyer so you can be guided accordingly as to what your options are and what option is best for you. The bankruptcy process can be difficult to navigate, so it is important that you have someone representing you who is familiar with the process to make sure everything goes smoothly.

How can consumers avoid credit card debt during the holidays?

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  • December
    2014

As the holiday season approaches, residents in New Jersey wonder not only what they will be buying loved ones but also how they will be paying for these gifts. In some cases, holiday spending could result in financial challenges. This could be due to consumers reaching for their plastic too much to pay for gifts. Credit card debt is a major financial issue that consumers should be aware of so they can avoid it or obtain relief from high amounts of consumer debt.

How can consumers avoid credit card debt during the holidays? By following some simple steps, consumers could avoid credit card debt or adding to their current credit card debt balance. First, it is crucial to establish a budget. This will provide an individual or a family with a realistic spending amount for the holidays.

Tracy Morgan may not fully recover from truck accident

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  • December
    2014

Being involved in any type of accident could be life impacting. With regards to truck accidents, these types of collision often result in serious injuries, severe damages and even death. This is especially true if the truck was overloaded, if the truck driver was drowsy or if the truck was inadequately maintained. Victims who survive a truck crash may suffer grave injuries and could endure temporary or permanent disabilities. The recovery process might be lengthy and could include much rehabilitation. Because future medical bills could be hefty, victims should understand the legal remedies available to them so they could offset these financial burdens.

Residents in New Jersey are most likely aware of the serious truck accident that involved comedian Tracy Morgan back in June. It has been five months since the rear-end collision by a Wal-Mart tractor-trailer seriously injured Morgan and killed comedy writer James McNair. Recent reports suggest that Morgan may not fully recover from the injuries he suffered in the incident that occurred on the New Jersey Turnpike.

Scura, Wigfield, Heyer & Stevens, LLP
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Wayne, NJ 07470

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Hoboken, NJ 07030
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Hackensack, NJ 07601

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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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