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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

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.

What Can Happen if I Stop Paying my Credit Cards?

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At first, you may skip a payment or two on your credit card payments because you are having a little trouble making ends meet. You intend to catch up the payment next month, but next month you still have trouble making ends meet, so you skip that payment too. Because the effects of skipping a credit card payment are small at first, it is easy to let that payment go if you are forced to choose between paying the credit card bill or paying the utility bill.

Developments in New Jersey Employment Law

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In 2018, New Jersey saw several significant developments in the area of employment law. Litigation involving the validity of arbitration clauses and non-disclosure agreements with respect to discrimination claims received attention with the rise of the ‘Me Too’ movement. Similarly, companies were forced to consider revising their employee handbooks to provide for a “zero tolerance” policy when addressing sexual harassment claims. However, there are two other recent developments in New Jersey employment law that significantly impact employers and employees alike.

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