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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

How Liens can Affect a Personal Injury Case

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One of the more difficult issues that can evolve during a personal injury case is the assertion of liens by a healthcare insurance carrier and provider, Medicaid and Medicare, and workers’ compensation insurance carrier, or for past due child support obligations.  In short, liens are a property interest held by a third-party against the financial recovery awarded for personal injury settlement or final judgment obtained. In other words, a Plaintiff may be required to pay a portion of their settlement proceeds to a third-party for a related lien.


This can sometimes be a surprise to an injured party, because after years of litigation they believe the fight it over. However, counsel for the plaintiff may need to challenge and negotiate down a lien to ensure a larger net recovery for the injured client. This article will discuss some of the common liens that may affect the potential net recovery by a plaintiff in a personal injury case.

The Rise of Auto Loan Delinquencies: How Can Bankruptcy Help?

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According to a recent study conducted by the Federal Bank Reserve of New York, 7 million Americans with auto loans were 90 or more days delinquent in 2018.  More importantly, the study demonstrates that majority of those who were delinquent on their auto loans were low- to middle-income borrowers, under 30 years of age, and with subprime credit scores (credit scores of 620 and lower).

Treatment of Judgement Liens in Chapter 7 & Chapter 13 Bankruptcies

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If someone has obtained a judgment against you and docketed that judgment with the clerk of the superior court in Trenton, then that judgment-creditor has obtained a lien on all your real property located within the State of New Jersey. Often, judgment-creditors think that this act is sufficient to protect their interest in their judgment. However, this blog will evaluate the impact that a bankruptcy filing can have on a judicial lien.

Alternative Solutions to Bankruptcy

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Chapter 11 bankruptcy reorganization has and remains a viable option for companies in distress.  The Bankruptcy Court provides a singular judicial forum where all creditors are required to participate.  The Bankruptcy Court also has enormous powers and its procedures are well-oiled and generally predictable.

However, and particularly with respect to smaller companies, bankruptcies have become relatively expensive, making the process inefficient and costly for such debtors.  For these “smaller” companies, therefore, other non-bankruptcy alternatives should be considered.  One alternative solution to a Chapter 11 reorganization is known as an Assignment for the Benefit of Creditors, commonly referred to as an “ABC”.

New Jersey Motorcycle Accidents

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While the thrill of riding motorcycles is second-to-none, the risks associated with operating a motorcycle are evident. Those risks are generally unrelated to trained motorcyclist operating a bike in a safe manner, but instead are associated with the potential negligence of individuals driving automobiles on the same roadways. While wearing helmets, protective clothing, and safe riding techniques do reduce the risks, bikers are simply more prone to serious injuries. In fact, the National Highway Traffic Safety Administration states that motorcyclists are 28 times more likely to die in a collision. From 2011 to 2015, there have been over 12,000 crashes in New Jersey involving motorcycles. In 2015, there were 2,300 motorcycle accidents in New Jersey, which resulted in 49 fatalities.The most common injuries sustained in motorcycle collisions are skull, spine, elbow, leg, wrist and arm fractures, tendon and ligament damage, brain injuries, internal organ damage, and soft tissue injuries such as herniated discs.

This blog will focus on motorcycle insurance, liability, and their relationship with New Jersey law.

New Jersey's Wage and Hour Law

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New Jersey’s Wage and Hour Law (the “NJW&H Law”) protects the rights of most hourly employees. If you are an employee being paid on hourly basis, whether minimum wage or not, it is important to understand the rights afforded to you by the State of New Jersey. After reading this information, if you believe your employer is violating the NJW&H Law, contact our offices and request a consultation to evaluate your claims.

Relocation Assistance In New Jersey After a Foreclosure - "Cash for Keys"

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According to NJ Advanced Media, New Jersey leads the nation in residential foreclosures. Nearly 70,000 properties were foreclosed upon last year.  If foreclosure is approaching and you still don’t know which path you’re going to take and you still don’t know your options for relocation, Relocation Assistance or “Cash for Keys” could be the best option for you.

What To Do If You're Injured In A Drunk Driving Accident

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 Everyone knows the dangers of drinking and driving - yet, so many people still drive on our roadways after a night of drinking. Despite efforts to stop - or at least curb - drinking and driving, there are still people who endanger themselves - and others - when they are intoxicated. In fact, a drunk driver kills someone in the United States every 50 minutes. 

Filing for Bankruptcy with A Side of Divorce Proceeding

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Filing for divorce is never an easy process. This can become more complicated when one of the spouses seeks to file for bankruptcy in the middle of a pending divorce proceeding. This blog will explore the factors that individuals need to consider if they’re looking to file for bankruptcy while their divorce proceeding is pending.

Recovery for Aggravation of Preexisting Degenerative Conditions

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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.

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