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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Can a Creditor Obtain a Previously Transferred Asset?

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Like many jurisdictions, New Jersey has enacted laws that prohibit the transfer of assets intended to avoid the reach of creditors. In New Jersey, this law is known as the New Jersey Uniform Fraudulent Transfer Act (“NJUFTA”). The purpose of the NJUFTA “is to prevent a debtor from placing his or her property beyond a creditor’s reach” and from “deliberately cheat[ing] a creditor by removing his property from the “jaws of execution.”

Recent Case Law Establishes That You May Be Able to Keep Your Home After a Tax Foreclosure Sale

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Previously, I had written a blog exploring what at that time was an unsettled area of the law. That blog explored whether you could utilize a preference avoidance action pursuant to 11 U.S.C. § 547 to retain your home after a foreclosure. Recently, the Third Circuit has rendered a binding decision in In re Hackler on a similar issue establishing that you can keep your property even if a property tax foreclosure has been completed prior to your bankruptcy filing. This blog will explore the property tax foreclosure process and what steps you can take to retain your property if you are facing a tax foreclosure or if the tax foreclosure has even been completed.

Insurance Law Covering Accidents Involving Uber And Lyft Drivers and Passengers in NJ

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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.

Court Addresses Enforcability of ADP Restrictive Covenants

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With increasing business competition, employers in New Jersey often try and have key executives and salespeople sign restrictive covenants containing non-compete and non-solicitation provisions.  Non-compete provisions essentially place limitations on ex-employees working for an employer’s competitors.  Non-solicitation provisions seek to prevent former employees from contacting and soliciting an employer’s clientele.  

How to Address Post-Petition Arrears on Your Mortgage in Your Chapter 13 Bankruptcy Case

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In any chapter 13 bankruptcy case, the maximum plan period for any case is sixty months from when the case is filed. While at the outset of your case it may seem manageable to maintain your ongoing mortgage obligations and chapter 13 plan payments, things happen in life that are outside your control. For example, if you get sick and cannot work after your case is filed, it could cause you to fall behind on your ongoing mortgage obligations. Since that plan period cannot be extended, it can be difficult to cure post-petition mortgage arrears within your originally filed bankruptcy case that have accrued within that case. This blog will explore your options.

Money is Fungible:  Safeguard the Character of Exempt Assets

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A bankruptcy case begins when a debtor files a bankruptcy petition in a bankruptcy court. The start of the case creates a bankruptcy estate, which contains “all legal or equitable interests of the debtor in property as of the commencement of the case.” 11 U.S.C. § 541(a)(1). However, specific property of a debtor is excluded from the bankruptcy estate via statutorily created safe harbors known as exemptions. 11 U.S.C. § 522. An exemption withdraws an interest from the bankruptcy estate, and consequently from the creditors, for the benefit of the debtors.

Extending the Automatic Stay to Co-Debtors

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The most beneficial protection provided to individuals and corporate entities filing during bankruptcy proceedings is the “automatic stay”. The automatic stay is immediately invoked upon the filing of a bankruptcy petition and prevents any creditor from taking actions to collect a pre-petition debt. This article will explore whether any other individual or corporate entity also obligated to the same debt (also know as a “co-debtor”) is protected by the automatic stay, even if they did not seek bankruptcy relief.

Using a Guardian Ad Litem for an Incompetent Individual During a Bankruptcy Proceeding

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While individual debtors are permitted to use power of attorneys during  bankruptcy proceedings, there are rare circumstances that obtaining a guardian ad litem for an incompetent individual may be beneficial to administering the bankruptcy estate. As such, this blog will analyze the law and rare request for a guardian ad litem for purposes of a bankruptcy proceeding.

New Jersey Bans Pre-Employment Salary History Inquiries

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Effective January 25, 2020, private employers in New Jersey will be prohibited from requiring applicants to provide wage and salary history in connection with an offer of employment. Specifically, the new law makes it unlawful for any private employer to screen a job applicant based on the applicant’s salary history (including an applicant’s prior wages and/or salary) or require the applicant’s salary history to satisfy any minimum or maximum criteria for an offer of employment.

The Foreclosure Process and Bankruptcy: How to Save Your Home

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Most homeowners don’t pay enough attention to educating themselves about the foreclosure process. Look at it this way, if you’re buying a home and don’t know the foreclosure process and your options, you’re like a soldier without a rifle - you are flying blind my home-owning friend. Educating yourself about the foreclosure process and your options should be one of the first things a homeowner should do before or after buying a home. This blog will explore the foreclosure process and how you could save your home or investment property through a bankruptcy.

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