In a recent unpublished decision, the New Jersey Appellate Division considered whether a hotel engaging an independent contractor had liability to the hotel for physical injuries he sustained on the job. The contractor had been hired to install sheetrock over skylights in the ballroom and paint the walls. Using his own ladder to spackle the […]
HOTEL NOT LIABLE FOR INDEPENDENT CONTRACTOR INJURY Read More »
Due to a 1983 settlement of litigation brought by the New Jersey State Bar Association against the NJ Association of Realtors, all real estate contracts prepared by realtors must contain an attorney review clause, permitting the parties to cancel via their attorneys for any reason or no reason within 3 business days of full execution
ARE AUCTION BUYERS ENTITLED TO ATTORNEY REVIEW? Read More »
As a result of the pandemic, the New Jersey courts ceased scheduling eviction trials in March 2020. There is no advice as to when that will be resumed. In the meantime, landlords are obligated to pay their mortgage, taxes, and other operating expenses while tenants withhold their rent. It is cold comfort that a landlord
RESIDENTIAL EVICTIONS, COVID 19 STYLE Read More »
Chapter 13 bankruptcy is a vital tool for individuals that have debt that is unmanageable and who have assets that exceed Federal and/or state bankruptcy exemptions or do not qualify for a Chapter 7 bankruptcy. Chapter 13 bankruptcy also may be used to protect your home from foreclosure. First, it is important to understand the
Chapter 13 Bankruptcy – Everything You Need to Know Read More »
After a civil defendant is served with the complaint, he can either file an answer or file a motion to dismiss. The motion to dismiss is useful because if it is granted, then the case is over for the dismissed defendants at a very early stage. Also, it forces the plaintiff to come forward with
A Motion to Dismiss Is a Good Weapon Read More »
A cat or dog bite can be more serious than you think. Therefore New Jersey has a very strict procedure in place for animal bites and even minor scratches. What to do first if you are bitten? Get medical treatment. Infection is a serious risk, with thousands of cases of cat scratch fever occurring around
LEGAL CONCERNS WITH ANIMAL BITES Read More »
Typically a prospective homebuyer is asked to sign many forms in addition to the contract of sale when presenting an offer to buy a house through a realtor. If the offer is accepted (by the seller signing the contract), and the buyer or seller retains an attorney to represent him or her in the transaction,
BEWARE OF COVID 19 HOLD HARMLESS AND RELEASE Read More »
The COVID-19 pandemic has resulted in a few temporary changes to substantive bankruptcy rules under the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. These modifications will last for only one year and at this writing, will expire on March 27, 2021. For example, a debtor with a prior Chapter 13 repayment plan can
Changes to Bankruptcy Rules Under the CARES Act Read More »
A client’s home was foreclosed by his mortgage lender and sold at a sheriffs sale. He had ten days after the sale to redeem the property by paying the lender. On the tenth day, he contacted me and indicated that he would be able to redeem in a couple of weeks. We filed bankruptcy for
Home Recovered After Sheriffs Sale 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.
