After a Chapter 7 debtor attends the 341 meeting of creditors, s/he may receive a notice in the mail from the court regarding abandonment. This is a great point of confusion for clients so let’s explain. Upon the filing of a bankruptcy petition, the debtor’s assets come under the control of the court and the …
Filing bankruptcy has an impact on your credit score. Your credit score is likely to drop during the weeks and months leading up to bankruptcy. Every defaulted credit card, auto loan, or mortgage payment will negatively affect your credit score. When you file for bankruptcy, your credit score will further decline. A bankruptcy will remain …
Typically at some point in a real estate transaction prior to closing, the buyer’s attorney will order a title commitment from a title insurance company. That commitment will contain all pertinent searches pertaining to the property being purchased, such as judgments, taxes, flood area and tidelands status and county land records. The title commitment is …
In a recent unreported Appellate Division decision, the New Jersey Consumer Fraud Act (CFA) as applied to home contractor disputes was clarified. The contractor had sued the homeowners for $5000 owed on a home improvement contract and obtained a judgment against them. The Appellate Division reversed and dismissed the contractor’s breach of contract claim. The …
As we have said in prior posts, it is difficult to recover damages in a personal injury case against a public entity due to the New Jersey Tort Claims Act, which sets a high threshold for plaintiffs to clear in negligence cases. In a recent unreported decision, the Appellate Division upheld the trial court’s decision dismissing a …
A number of years ago, I defended an Elks lodge on a personal injury suit filed by a woman attending a Christmas party thrown by individuals who had rented the hall from the Elks. The insurance company for the lodge had gone into receivership and thus did not provide the lodge with a defense or an …
The New Jersey Appellate Division recently held that a homeowner who meets all of his obligations under a Home Affordable Mortgage Program (HAMP) trial period plan agreement would be entitled to a loan modification. The court looked at the agreement which provided in part: “If I am in compliance with this Trial Period Plan…then the …
In New Jersey, the primary way to serve the summons and complaint in a civil action on a competent individual is by personal delivery of the papers to the individual. This may be by a sheriffs officer or a private process server. Delivery may also be made at the defendant’s home to a member of …
Earlier this year, I had the privilege of representing an auto accident victim who was 90 years young and very dynamic. (I hope I have as much going for me if and when I hit that age.) She was a passenger in a car that was struck by a car coming out of a shopping …
Insurance Policy Limits Obtained In Auto Accident Case Read More »
Any interested person may apply to the courts of New Jersey for appointment as guardian of an individual (and his or her property) who is incapacitated and unable to handle his or her own affairs. The case is started by the filing of a verified complaint seeking to have the Court determine the person to …
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.
