From our experience, we know that people file for bankruptcy for a number of reasons. Unemployment, death of a spouse, a costly illness or a divorce all may lead people to decide that bankruptcy is their best course of action. There are a number of fallacies that people have about filing for Chapter 13 and Chapter […]
Common Fallacies About Bankruptcy Read More »
The State of New Jersey is always concerned about collecting tax due on sale transactions, big and small. The Bulk Sales Act requires parties to a transaction involving the sale of real estate, a business, or both, to file a notification form with the Division of Taxation prior to closing. Upon receipt of that form,
What Is The New Jersey Bulk Sales Law? Read More »
Most bankruptcies filed in the United States are either under Chapter 7 or Chapter 13. The kind that you file depends on a few criteria, including your income, assets, debts, and your financial goals. Here is a quick thumbnail of the differences between Chapter 7 and Chapter 13 bankruptcies. Chapter 7 is a liquidation bankruptcy
Should I File A Chapter 7 or Chapter 13? Read More »
In a recent unreported decision, the Appellate Division upheld the dismissal of a trip and fall complaint arising from an accident on a residential sidewalk. The plaintiff claimed that the homeowner had planted a tree on his property which caused the sidewalk to become raised and buckled, on which the plaintiff tripped and fell. The homeowner admitted
Trip and Fall Complaint Dismissed Read More »
A last will and testament will usually designate an executor to carry out the decedent’s wishes. Upon death, the will is submitted to the county surrogate for probate. At the same time, the executor qualifies and is issued letters testamentary, and then may act on behalf of the estate. When a person dies without a
Letters of Administration Revoked Read More »
Attorneys will sometimes file accident lawsuits with a questionable basis, which often comes back to haunt them. A recent unreported Appellate Division decision is instructive. A woman involved in an automobile collision had the lawsuit threshold (see https://www.middlesexcountyaccidentlawyer.com/what-is-the-lawsuit-threshold/). She admitted that no part of her body struck the inside of the vehicle, that her parked vehicle
Connecting The Dots Read More »
Bankruptcy exemptions protect your property from your creditors. You have two choices when filing for bankruptcy in New Jersey. When you file you can choose between using the state exemptions or federal exemptions. Determining which set of exemptions to use is a crucial decision. Federal exemptions are usually more favorable. The federal bankruptcy exemptions available
Exemptions For New Jersey Bankruptcy Filers Read More »
When a tenant moves out of an apartment but leaves personal belongings behind, the landlord may not dispose of the property without giving the tenant an opportunity to return to the apartment and remove the belongings. This applies even if the tenant owes rent and even if the tenant was legally evicted by the court.
The New Jersey Abandoned Property Statute Read More »
(This according to the J. Geils Band song of the same name.) “And may lead to litigation…” A recent unreported Appellate Division decision involved parties that were romantically involved. The plaintiff purchased property and built a house. Prior to the closing, the parties executed an agreement in which plaintiff promised to deed the house into
In merry olde England, the King was the law. Whatever he said went. Eventually, a second branch of law developed around litigants bringing petitions to the King’s Chancellor, seeking exceptions to the King’s laws. This second branch is the precursor of our present day Chancery Division of the New Jersey Superior Court. The Chancellor was
What Is A Chancery Action? Read More »
The Whelan law firm has been committed to excellence for over 30 years. With offices located centrally in New Jersey, we are able to provide businesses and individuals with excellent legal services.
