A year after you close title to your new home, a process server delivers a foreclosure complaint to your door. You notice that your name is listed as a defendant as well as the name of your seller. You see that the plaintiff holds a mortgage on your home that is in default but you do not recognize that lender as anyone that you have done business with. You know that you are up to date with your mortgage payments.
In Chapter 13 cases, a confirmation hearing is a court hearing required by the Bankruptcy Code. Confirmation hearings are not held in Chapter 7 cases. The purpose of the confirmation hearing is to resolve any objection of the trustee, creditors and other parties to the debtor’s proposed Chapter 13 plan. If everyone is in agreement, the case is confirmed. If there is an unresolved objection to the plan by any party, a confirmation hearing will be held in order for the judge to address and rule on the party’s concerns.
In New Jersey, in order to maintain a professional malpractice lawsuit, a plaintiff must provide an “affidavit of merit” to the defendant after filing suit. The affidavit of merit statute in part requires that, in any action seeking damages “resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall … provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work … fell outside acceptable professional or occupation standard or treatment practices”.
Our disabled client was jaywalking near a busy city intersection when he was struck by an oncoming vehicle. As a result, he suffered a broken leg and other injuries, and required surgery. He had been on his way to fill a prescription at a pharmacy.
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