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.
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.
Accidents involving Uber or Lyft and the insurance issues involved are much different from normal auto accidents especially where you are the passenger in the Uber or Lyft car, a pedestrian struck by one of these vehicles, or driving another car and injured as the result of the negligence of an Uber or Lyft car. In New Jersey the legislature passed a special law in 2016 regarding transportation service vehicles like Uber or Lyft. That law is currently developing and will be interpreted by the courts.
In personal injury cases, the courts in New Jersey do not allow the attorney to ask the jury to award a specific amount of money for pain and suffering or non-economic losses. For example, an attorney cannot argue that my client should be entitled to 2 million dollars for her permanent back injury that required a fusion surgery and has limited her life in all ways. In some states the attorney can argue in that way and suggest a specific number.
Some people are more susceptible to injury because of a preexisting degenerative medical condition. That preexisting degenerative medical condition may, however, not be causing the person any pain. If a preexisting degenerative medical condition that is not causing pain, starts causing pain as the result of trauma caused by the negligence of another, then the person is entitled to full recovery for any aggravation or worsening of that preexisting degenerative condition. Even if you have a preexisting medical degenerative condition that was causing pain, if that condition is made worse in any way then you are entitled to compensation for the fair and reasonable value equivalent to the worsening of that condition.
If you are like most people, you might think that “foreclosure” in New Jersey is just another way of saying “the end of the world.” While it is true that home foreclosures can be stressful, scary, and sad, they are certainly not a dead end – what many people do not realize, especially in the midst of the stressful situation, is that they DO have options to stop foreclosures from taking away their homes.
Despite drivers’ best efforts, rear end collisions happen every day. There can be many causes of rear end collisions. Common causes include inattention, distracted driving, texting, and bad weather. To prevail in a rear end collision case, a plaintiff must typically show the other driver was negligent or acted unreasonably given the circumstances.
All auto insurance policies in New Jersey require the consumer to choose from one of two options with respect to their right to bring a lawsuit. The two options are: (1) the lawsuit or verbal or tort threshold or (2) the no tort threshold or no lawsuit threshold. Under different policies, the tort options (your right to sue) are referred to as these various names but mean the same thing. Under option (1) you are limiting your ability to sue for certain injuries. Under option (2) you can sue for any injury.
[John J. Scura III, Esq. explains what to do if you are feeling tricked by your insurance company after an accident in New Jersey]
I wrote a blog on the worst tricks insurance companies use in trying to deny people fair money for their claims after an accident. As a follow up, I wanted to explore what to do if insurance companies use one of these tricks on you and how to best protect yourself going forward:
[John J. Scura III., Esq. explains the type of auto insurance coverage you should have in New Jersey]
The least explained but most important insurance in New Jersey is Uninsured and Underinsured Motorist Insurance (UM/UIM) Coverage. Insurance agents do not explain this insurance fully, leaving you potentially in trouble with not enough insurance in cases involving serious injuries.
State law in New Jersey requires that insurance companies offer Uninsured and Underinsured motorist coverage as an option up to at least $250,000 for each person and $500,000.00 covering each accident for bodily injury. Insurance companies also have to offer a $500,000 single limit option for uninsured and underinsured motorist coverage. You can also have these limits increased further by purchasing an umbrella policy.