An adversary proceeding in bankruptcy is a lawsuit filed within the debtor’s bankruptcy case. Any party can file an adversary proceeding in a bankruptcy — the trustee, a creditor, or the debtor. The purpose of an adversary proceeding is to obtain some form of relief that requires a judge’s attention and cannot be accomplished through […]
What Are Adversary Proceedings? Read More »
The New Jersey Supreme Court recently declined an opportunity to expand the “mode of operation” doctrine in a case involving a slip and fall of a customer in a KFC outlet. It upheld the Appellate Division’s reversal of a $138,643 jury award against the restaurant, which it was alleged failed to maintain a wet floor
Mode Of Operation Doctrine Clarified Read More »
The New Jersey Appellate Division recently reversed a trial court decision dismissing claims against realtors for failure to disclose the deaths of two children in an elevator accident in a private home sold through those realtors. The listing agent was shown to have actual knowledge of the accident and had actually conferred with Coldwell Banker
Realtors May Be Liable For Failure To Disclose Elevator Deaths Read More »
If you are involved in a car accident, the other driver may claim that you were at fault. In our legal system, you are expected to operate your vehicle with reasonable care. If you do not, you may be considered to be negligent. Anyone claiming that you are at fault is obligated to prove that
Is Using Your Cell Phone While Driving Negligent? Read More »
Today, many bankruptcy websites offer a free review by having you fill out an online form. In many cases, this is then forwarded to a law firm in your area who you may or may not know. Then at some point after that, you will get a call from some staff employee of that law
Free Bankruptcy Evaluation Read More »
Let’s clear up some common misunderstandings about what it takes to have a claim for common law fraud in the civil courts of New Jersey. First, there must be a material misrepresentation of a presently existing or past fact. That means that someone lied to you about something significant. Secondly, it must be proven that
Can I Sue for Fraud? Read More »
After a Chapter 7 debtor attends the 341 meeting of creditors, s/he may receive a notice in the mail from the court regarding abandonment. This is a great point of confusion for clients so let’s explain. Upon the filing of a bankruptcy petition, the debtor’s assets come under the control of the court and the
What Is Abandonment? Read More »
Filing bankruptcy has an impact on your credit score. Your credit score is likely to drop during the weeks and months leading up to bankruptcy. Every defaulted credit card, auto loan, or mortgage payment will negatively affect your credit score. When you file for bankruptcy, your credit score will further decline. A bankruptcy will remain
Rebuilding After Your Discharge Read More »
Typically at some point in a real estate transaction prior to closing, the buyer’s attorney will order a title commitment from a title insurance company. That commitment will contain all pertinent searches pertaining to the property being purchased, such as judgments, taxes, flood area and tidelands status and county land records. The title commitment is
What Is A Rundown? Read More »
In a recent unreported Appellate Division decision, the New Jersey Consumer Fraud Act (CFA) as applied to home contractor disputes was clarified. The contractor had sued the homeowners for $5000 owed on a home improvement contract and obtained a judgment against them. The Appellate Division reversed and dismissed the contractor’s breach of contract claim. The
Homeowners Prevail in Contractor Dispute Read More »
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
