The New Jersey Appellate Division recently reversed a trial court’s dismissal of a falldown case, raising some instructive points. The plaintiff had slipped and fallen on black ice near a metal drainage grate in her employer’s parking lot and sued the owner of the building and lot.The trial court judge found that prior complaints of […]
Falldown Case Dismissal Reversed Read More »
Part of filing for bankruptcy is listing all of your assets on the petition. Most people have checking and savings accounts and want to know if they are protected once they file. At least part of your personal property is exempt under the Bankruptcy Code, see https://www.middlesexcountybankruptcyattorney.com/2013/11/ For debtors who do not own a home, the
Bankruptcy and Your Bank Accounts Read More »
A homeowner may decide to paint the interior of her home herself instead of hiring a contractor to do the work. However, most would avoid Do-It-Yourself electrical work due to fear of being shocked or because of lack of know how. The same is often true in the legal arena. With the advent of the
DIY Leases Have Consequences Read More »
The Federal courts have had electronic filing for many years, both in the district courts and the bankruptcy courts. Typically, this is initiated by the attorney opening an account with the court, which gives the attorney the ability to scan and upload litigation documents on line instead of having to mail the documents to the
E Courts Come To New Jersey Read More »
In 2014, our truck driver client “Danny” was involved in a collision which caused personal injuries and collision damage to another driver and her vehicle. At that time, he reported the accident to the lessee company to which he had leased the vehicle for commercial hauling purposes. Unfortunately, without counsel, Danny was unable to confirm
Insurance Coverage Secured In Truck Accident Read More »
Can you keep your life insurance policy if you file a New Jersey consumer bankruptcy? That depends in part on what kind of life insurance policy you have. A term insurance policy, in which you pay a periodic premium in exchange for a death benefit, is unaffected by the United States Bankruptcy Code. However, a
Keeping Your Life Insurance Policy In Bankruptcy Read More »
Most real estate transactions proceed smoothly to closing. However, occasionally a buyer or seller may attempt to back out of the deal without just cause. For example, a seller may get emotional and not want to leave his long time residence. Or a buyer may decide that she is paying too much for the house
What Is Specific Performance? Read More »
Sometimes debtors do sneaky things like conveying real estate out of their names to try to put those assets out of the reach of their creditors. Fortunately, New Jersey has a Fraudulent Transfer Act that gives creditors some recourse. The Act grants a creditor a period of four years after the transfer to sue the
Avoiding Fraudulent Transfers Read More »
A client was recently convicted of driving under the influence and called for advice. New Jersey has some of the toughest laws in the nation for these situations. A driver convicted of DUI for the first time in New Jersey is required to pay court fines to the municipality where the offense occurred. S/he is
Can I Discharge Motor Vehicle Surcharges and Court Fines in Chapter 7? Read More »
In a prior blog, I spoke about the wisdom of investing in a title insurance policy when you purchase real estate. See https://www.middlesexcountynjrealestateattorney.com/2016/08/ In that blog, I detailed the failure of a title settlement agent to satisfy the prior owner’s mortgage, with the result that the new owner was served with a foreclosure complaint. Boundary line
Title Litigation Part 2 Read More »
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
