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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

SUGGESTIONS TO WITNESSES AT A DEPOSITION OR TRIAL

Your fundamental and continuing obligation as a witness is to tell the truth. There can be no departure from that rule. However, the following are guidelines that may generally assist you in maximizing your effectiveness as a witness. They are not intended as hard and fast rules but, rather, are provided for your consideration and assistance.

Who Is Responsible For Dog Bite Injuries in New Jersey?

Personal injury cases can be traumatic. The money you receive for damages during a personal injury suit can both pay for medical charges and generate monetary compensation for the emotional trauma. While vehicular accidents and medical mishaps are painful, fewer things are worse than when man’s best friend turns on you and draws blood in a vicious attack. However, when pursuing a personal injury suit over a Dog Bite, you can’t sue the animal for money. The dog can’t pay for personal damages. So, what can you do in situations like these?

I Wish Someone Told Me Sooner - Special Webinar on Medical Directives & Powers of Attorney

 

 

Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, attorneys Peter Cammarota and Joe Hallock feature in this new special webinar. In this collaboration with New Jersey’s Seton Hall Alumni Association, we discuss living wills and their legal ramifications. At any moment, a person might need to make a decision to compose their own living will in preparation for a potential medical emergency. Attorneys need to be there to help these individuals and their families traverse the difficult terrain of this territory, preparing for the worst and being ready to cover all the potential problems that might arise as a result.



This video is a primer for those who need to know. You will learn the legal terms, hear examples of these topics in action, in order to prepare a living will in the state of New Jersey. Our attorneys will aim to answer any question you may have about the powers of an Attorney-in-Fact, the Advance Directive, and living wills. You will learn how the Power of Attorney functions in the state, as well as thoroughly understanding what documents you will need to have in order to process and deal with this troubling, legal challenge.

In short, we will examine the following:
1. What is an Advance Directive?
2. How does a Power of Attorney work?
3. What important documents do I need?
4. What happens if a family member is unable to make any medical or financial decisions as a result of incapacity?

The Rules for Sheriff Sales in New Jersey Have Changed

Property is the ultimate form of collateral. In New Jersey, when you take out your mortgages and pay your taxes, you offer up your property and home as collateral in case you fail to meet said payments. You have title to the property but the lender or creditor has a lien on the property. If you cannot pay your lender, then said lender will be within their legal rights to go and collect on their collateral. That means you might lose your house and home when the authorities – led by the county sheriff -- set out to sell our property. This process, referred to as a sheriff sale, is a means to pay off the outstanding debt to the lender that you have accrued.

However, each state conducts sheriff sales in a different manner. The rules that govern each sale depends on the state the property is owned in. Sometimes, court decisions or changes in the laws drastically alter how sheriff sales are conducted, as well as how this alters how sales can be conducted.

Such is the case for New Jersey. The rules for adjourning sheriff sales changed significantly on July 28, 2019, when the New Jersey statute was modified impacting the rights and options of borrowers under New Jersey foreclosure law. N.J.S.A. 2A:17-36, governs the rules on adjournments of sheriff sales and provides:

Stripping of IRS or State of New Jersey Tax Debt in Bankruptcy

Liens can be a complicated problem for many individuals dealing with heavy debt issues. A lien is a claim or legal right against assets, most often property or real estate, which are utilized as collateral. Pay the lien, and you reclaim all rights to your possessions and settle your debts. However, if you fail to pay off your liens, the organization that filed said debt can then repossess your property, auction it off, and collect on the income to pay off the debt.

Press Release - Fox and Falcon Files Suit Against Hartford Insurance

Fox and Falcon, a well-established bar and restaurant located in South Orange, New Jersey, has filed suit against Connecticut-based Hartford Insurance for failing to pay on the business interruption insurance under its policy. Following NJ Governor Murphy's stay-at-home order on March 2020, Fox and Falcon owners notified Hanover Insurance of its claim for business interruption. Fox and Falcon had paid Hartford Insurance for years for their insurance, waiting for a moment like this when they'd need that money most. The stay-at-home order resulted in the total closure of Fox and Falcon, leaving them without any income. In response to their request, however, Harford Insurance issued a blanket denial without conducting any investigation. In their statement, they claimed that since no physical damage occurred to property, Harford Insurance would not provide coverage.

Can You Discharge Small Business Administration (SBA) Debt in Bankruptcy?

businessperson-filling-out-small-business-loan-application

Small Business Administration (SBA) loans are no different than other debt and are dischargeable in business bankruptcy.  An individual that has personally guaranteed a debt may also discharge an SBA loan. A misperception exists that SBA loans are not dischargeable. SBA loans are entitled to no special priority under the Bankruptcy Code. SBA loans are backed by the government so that when there is a default the loan is insured as to the bank that gave the loan to the borrower. Because the loan is insured, however, does not mean that the borrower cannot wipe it out in a bankruptcy.

Updating Your Employee Handbook For The Post COVID-19 World

Sometime in the not so distant future, the government shutdown associated with the COVID-19 pandemic will be over and businesses will start to re-open. In anticipation of this re-opening, businesses should use the time to prepare for the post-COVID-19 world by reviewing and updating their employee handbooks. The challenges presented by the COVID-19 pandemic will forever change the manner in which employers conduct business. Therefore, businesses must evaluate their operations to make sure they are prepared for a post-COVID-19 world.

Filing for Bankruptcy is Exciting!

I am often asked how I can be so optimistic when my job is working with people going through perhaps the most difficult time in their lives. It’s easy: my job is to make things better.  I am a professional problem solver. Not only do I get to unburden my clients from overwhelming debt, but I get to them how to get the most out of the fresh start bankruptcy provides.  Who hasn’t wanted a do-over? This time, with right mindset, wisdom earned from their experience, and God willing no unfortunate circumstancesthe future is cheery.  

What The SBA Is Doing To Help the Self Employed And the Small Business Community

If You Are Self-Employed or Have a Small Business, You Need To Read This:

Due to the current economic and social landscape caused by COVID-19, schools are closed, people are under quarantine, there’s a shortage of medical supplies across the country, and businesses (whether considered essential or not) have been forced to shut down their operations and lay people off. As I write this, a record 6.65 million peopled filed jobless claims in the week that ended on March 28 according to the Labor Department – doubling the prior week’s jobless claims of 3.31 million.

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