Wells Fargo has initiated a policy of freezing a debtor's bank account upon the filing of a chapter 7 bankruptcy and thereafter sending notice to the trustee asking for direction on what to do with the held funds. Some courts have found that this is an improper interference with a debtor's exempt assets, but other courts have held that the policy is consistent with Bankruptcy Code requirements.
May 31, 2015 David L. Stevens Bankruptcy, Chapter 7, News
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When a company or a small business in New Jersey is no longer productive, is not producing a constant cash flow or are enduring financial problems, it might be a good idea to think of various strategies to address these issues. If business debt is the problem, filing for business bankruptcy is just one debt relief option to consider. Companies and business may also want to contemplate debt reorganization and other methods in order to keep the business running, allowing it to thrive well into the future.
April 15, 2015 Scura Law Firm Debt Management, News, Business Bankruptcy
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One of the major concerns that face homeowners that are delinquent on their mortgage is that in addition to losing their homes they may also face a deficiency judgment. A deficiency after a foreclosure is the difference between what is owed on the mortgage and what the bank recovered on the house after a sheriff sale. The problem in the current economy is that many houses are upside down in that more is owed than the home is worth, thus leaving a borrower exposed to a significant liability after the bank takes the house to sheriff sale.
March 20, 2015 Scura Law Firm Bankruptcy
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No matter the size of a business or company, financial problems could present themselves. New Jersey readers of this blog might be familiar with the issues surrounding the Revel Casino in Atlantic City. While the business bankruptcy proceedings were initiated awhile back, the casino is still dealing with complications regarding its sale.
March 11, 2015 Scura Law Firm News
Read More »The banks are not stepping up and making a high enough percentage of mortgage modifications permanent. Our firm represents many individuals on loan modifications and it is becoming increasingly difficult to successfully obtain favorable and permanent loan modifications. The banks are giving these trial modifications, but then not making the loan modification permanent.
February 22, 2015 Scura Law Firm Bankruptcy, Foreclosure
Read More »Bicycles are one of the most vulnerable vehicles on the roads and are even more vulnerable than motorcyclists. In 2010, almost 800 bicycle fatalities were reported with an estimated 515,000 bicycle related injuries. Owing to the gravity of the problem, New Jersey law makes a lot of provisions regarding bicycle safety norms.
September 18, 2014 Scura Law Firm Personal Injury, News, Accident
Read More »Initial Supreme Court Opinion Protecting ERISA Retirement Plans
The law has been well settled since 1992, by a Unites States Supreme Court decision, shielding debtors' interests in qualified Employee Retirement Income Security Act (ERISA) plans. Stated clearly, creditors could not touch ERISA retirement plans in bankruptcy. Thus, this Supreme Court opinion was used by bankruptcy attorneys to argue that other related retirement plans were also exempt from the reach of creditors.
August 20, 2014 Scura Law Firm Bankruptcy, News
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Wayne, New Jersey, resident would agree that injury from a sudden accident can have a severe impact on a person's physical as well as emotional well-being. In addition to the physical and emotional trauma, accident victims and their families also deal with financial difficulties that arise from lost income and expenses incurred for medical treatment.
June 25, 2014 Scura Law Firm News
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One can suffer injuries of any nature. What if the injuries that one has sustained are due to someone else's negligence? Injuries of such a nature are not uncommon in New Jersey or elsewhere around the U.S. One can always file a complaint against such injuries and demand compensation. Premises liability laws provide a safety net for people injured in someone else's property.
May 15, 2014 Scura Law Firm News
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New Jersey families driving certain motor vehicles may have almost met their end on the road without even knowing it. General Motors, one of the largest automakers in the United States, has been accused of failing to correct a serious product defect in several lines of cars dating as far back as 10 years.
April 17, 2014 Scura Law Firm Product Liability, News
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