I am pleased to share our recent $400,000 settlement of a slip and fall accident case just prior to trial. My client had been walking to the train station when he fell on a commercial sidewalk covered with ice concealed by a new layer of snow. He had a significant leg fracture that required two surgeries.
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.
Shortly after a bankruptcy petition is filed, the court will appoint a trustee to the case. Trustees are selected from a list maintained by the court and are usually experienced bankruptcy attorneys. The debtor will meet the trustee when s/he attends the meeting of creditors. It is the trustee’s job to question the debtor under oath at that time about his/her income, expenses, assets and liabilities. The trustee will also confirm the identity of the debtor and ensure that the debtor has some general understanding of bankruptcy filing options.
The New Jersey Appellate Division recently reversed a trial court decision dismissing claims against realtors for failure to disclose the deaths of two children in an elevator accident in a private home sold through those realtors. The listing agent was shown to have actual knowledge of the accident and had actually conferred with Coldwell Banker which advised that it was unnecessary to disclose it to the purchasers. It should be noted that Coldwell Banker requires sellers to complete and provide a sellers disclosure statement to all home buyers, which could have included the accident information.
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 on your credit report for up to 10 years, and it is likely that your FICO rating will be low after you file for bankruptcy. However, there is still hope. You do not have to wait 10 years to rebuild your credit score. Following these steps for the first few years following your discharge will substantially improve your credit score:
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 an accurate picture of the title
as of the date stated in the title commitment.
By now, many of you know that New Jersey has one of the strictest consumer fraud statutes in the nation. The Consumer Fraud Act prohibits “any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission in connection with the sale or advertisement of any merchandise or real estate”. More simply, the Act may be violated in one of three different ways: by affirmative misrepresentation, knowing omission or by violation of specified regulations. Read More…