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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Impacts of COVID-19 on You and Your Business

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The impacts of COVID-19 continue to change our lives on a daily basis. The response by the Federal and State governments has immeasurably changed the way we live and conduct business. Employers and employees alike share in the confusion and uncertainty in dealing with the present environment.

Should You File an Individual Chapter 11 Bankruptcy or a Chapter 13 Bankruptcy Case?

If you are an individual in need of a bankruptcy reorganization plan, you may be wondering whether you should be filing a chapter 11 bankruptcy case or a chapter 13 bankruptcy case. This blog will explore some of the differences between individual chapter 11 and chapter 13 bankruptcy and which chapter may be right for you.

Financial Consequences of a Civil Judgment in New Jersey

Having a civil judgment against you can serious financial consequences. First, civil judgments can be recorded as liens against any land you own within New Jersey. Judgment liens have to be satisfied before the property can be sold or refinanced. Second, judgment creditors can levy upon your personal property or bank accounts. Third, your wages can be garnished. Garnishment is when the Court orders your employer to pay a portion of your pay directly to the judgment creditor. These are just a few enforcement methods available to judgment creditors.

Tax Season 2020: Can You Discharge Income Taxes Through Bankruptcy?

The April 15th tax deadline is right around the corner, and if you already owe income taxes for previous tax years, you could be facing an even larger tax debt when the dust settles. The IRS is a notorious creditor and if you take the “bury your head in the sand” approach like most people do (unfortunately), the IRS will start garnishing wages, seizing bank accounts, and start levying your home and other personal property. Nevertheless, you still have other options. Bankruptcy is a great tool to help you minimize your existing tax debt and this blog will explore how bankruptcy can help you get rid of some of that unwanted tax debt.

How to Get Paid as a Commercial Contractor in New Jersey

 

For most commercial construction contractors and subcontractors, non-payment on a job can cripple business. Non-payment usually stems from a dispute between the general contractor (GC) and the subcontractor regarding the quality of the work. Sometimes, the GC refuses to pay the subcontractor despite still being paid by the property owner. Whether the GC actually believes the work is substandard or is just trying to increase his or her profits, you can use the law to put the world on notice that you haven’t been paid through the filing of a lien. If you are a subcontractor, this article details how to lien property and force compensation for the work performed. Please note, the contents of this article only apply to liens involving non-residential construction contracts.

The Rise in Health Insurance Costs and Medical Bills And How Bankruptcy Can Help

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Unlike other financial issues such as credit card debt, medical debt is not caused by unwise monetary choices, but rather it is often caused by unforeseen circumstances. The issue is cyclical: You are in debt because of unforeseen medical circumstances and the financial stress that comes with these additional medical expenses causes you to get sicker and deeper into medical debt. 

Determining Whether to Pursue a Loan Modification or Cure and Maintain Chapter 13 Plan

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When an individual is contemplating the best strategy to keep their residence through a chapter 13 bankruptcy plan, a key consideration is generally whether to pursue a loan modification or a cure and maintain bankruptcy plan. This blog will explore that decision and key considerations in making that decision.

Operating Guidelines for Small Businesses in Chapter 11 Bankruptcy Cases

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Chapter 11 cases are more complicated bankruptcy cases in many ways and much more is required of a debtor in Chapter 11 than in a chapter 7 or chapter 13 case. The debtor's failure to comply with the operating and reporting requirements set forth below may result in the dismissal or conversion of a chapter 11 case to a case under chapter 7 of the Bankruptcy Code.  Perhaps the most important early decision a business can make when contemplating bankruptcy, is selecting bankruptcy counsel that is experienced with successfully navigating a debtor through a chapter 11 case.

CONTEMPLATING A LAWSUIT? MAKE SURE YOU ACT BEFORE THE EXPIRATION OF THE STATUTE OF LIMITATIONS

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If you are contemplating a lawsuit against another individual or entity, you must make sure that you bring your lawsuit prior to the expiration of the applicable statute of limitations. This blog will explore what the statute of limitations is and the statute of limitations for some typical causes of action in the state of New Jersey.

Disorderly Persons Offenses in NJ & Conditional Dismissal

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The State of New Jersey does not use the often-heard terminology of “felonies” and “misdemeanors” when classifying criminal offenses. Rather, New Jersey classifies criminal infractions as either indictable offenses (felonies) or disorderly persons offenses and/or petty disorderly persons offenses (misdemeanors). A majority of criminal cases heard in New Jersey are disorderly persons offenses, However, disorderly persons offenses are not considered “crimes” in New Jersey. N.J.S.A. 2C:1-4(c). Despite not being considered crimes, a disorderly person offense conviction will still appear on a criminal background check. Therefore, if you are facing a disorderly persons offense or a petty disorderly persons offense, you should consult an experienced defense attorney.

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