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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Legal Strategies to Deal with Coronavirus (COVID-19) In New Jersey [Live Thread]

Today, March 25, 2020, it appears that a deal has been reached between Congress and the Trump Administration, but the details have not been ironed out.  On its face, the deal would provide direct payments of up to $1,200 to most adults and expand unemployment insurance. It also includes a $367 Billion Dollar program for small businesses, to allow them to pay employees who have to stay home due to the coronavirus pandemic.

Impacts of COVID-19 on You and Your Business

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The impacts of COVID-19 continue to change our lives on a daily basis. The response by the Federal and State governments has immeasurably changed the way we live and conduct business. Employers and employees alike share in the confusion and uncertainty in dealing with the present environment.

Should You File an Individual Chapter 11 Bankruptcy or a Chapter 13 Bankruptcy Case?

If you are an individual in need of a bankruptcy reorganization plan, you may be wondering whether you should be filing a chapter 11 bankruptcy case or a chapter 13 bankruptcy case. This blog will explore some of the differences between individual chapter 11 and chapter 13 bankruptcy and which chapter may be right for you.

Not All Taxes Are Treated Equally in a Bankruptcy in New Jersey

People often think of taxes simply as money owed to the government and don’t put anymore thought into the unpleasant topic.  There are many different kinds of taxes, most of which fall into a few basic categories: taxes on income, taxes on property, and taxes on goods and services.  The government is creative on ways it can collect revenue and have found ways to exact a fee from most every aspect of our lives.  For someone contemplating bankruptcy, what kind of tax one may owe, when it was first due, whether a return was filed, or when a return was filed, all make a big difference in how the tax is treated. 

Financial Consequences of a Civil Judgment in New Jersey

Having a civil judgment against you can serious financial consequences. First, civil judgments can be recorded as liens against any land you own within New Jersey. Judgment liens have to be satisfied before the property can be sold or refinanced. Second, judgment creditors can levy upon your personal property or bank accounts. Third, your wages can be garnished. Garnishment is when the Court orders your employer to pay a portion of your pay directly to the judgment creditor. These are just a few enforcement methods available to judgment creditors.

Tax Season 2020: Can You Discharge Income Taxes Through Bankruptcy?

The April 15th tax deadline is right around the corner, and if you already owe income taxes for previous tax years, you could be facing an even larger tax debt when the dust settles. The IRS is a notorious creditor and if you take the “bury your head in the sand” approach like most people do (unfortunately), the IRS will start garnishing wages, seizing bank accounts, and start levying your home and other personal property. Nevertheless, you still have other options. Bankruptcy is a great tool to help you minimize your existing tax debt and this blog will explore how bankruptcy can help you get rid of some of that unwanted tax debt.

Does the Automatic Stay Exist if a Property Is Sold at a Prior Sheriff Sale?

If you purchased a property at a sheriff sale or if you were the owner of a property that was sold at sheriff sale, you may be wondering about the implications of a bankruptcy proceeding. This blog will explore the implications of a bankruptcy proceeding filed while the former owner is still in possession of a foreclosed property.

How to Get Paid as a Commercial Contractor in New Jersey

 

For most commercial construction contractors and subcontractors, non-payment on a job can cripple business. Non-payment usually stems from a dispute between the general contractor (GC) and the subcontractor regarding the quality of the work. Sometimes, the GC refuses to pay the subcontractor despite still being paid by the property owner. Whether the GC actually believes the work is substandard or is just trying to increase his or her profits, you can use the law to put the world on notice that you haven’t been paid through the filing of a lien. If you are a subcontractor, this article details how to lien property and force compensation for the work performed. Please note, the contents of this article only apply to liens involving non-residential construction contracts.

The Rise in Health Insurance Costs and Medical Bills And How Bankruptcy Can Help

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Unlike other financial issues such as credit card debt, medical debt is not caused by unwise monetary choices, but rather it is often caused by unforeseen circumstances. The issue is cyclical: You are in debt because of unforeseen medical circumstances and the financial stress that comes with these additional medical expenses causes you to get sicker and deeper into medical debt. 

Determining Whether to Pursue a Loan Modification or Cure and Maintain Chapter 13 Plan

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When an individual is contemplating the best strategy to keep their residence through a chapter 13 bankruptcy plan, a key consideration is generally whether to pursue a loan modification or a cure and maintain bankruptcy plan. This blog will explore that decision and key considerations in making that decision.

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