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Scura, Wigfield, Heyer & Stevens Blog

Some Bankruptcy Myths Proven False

Most of our bankruptcy clients do not have a choice but to file bankruptcy because circumstances in their life have spiraled out of control. Some of our clients have lost a job, are receiving less pay, became seriously ill or hurt, divorced or just plain got in over their head with debt. Our clients are good people deserving of the protection of the bankruptcy code. Our bankruptcy attorneys are surprised about some of the myths that still exist out there concerning bankruptcy and especially the myths with respect to the new bankruptcy laws as enacted in 2005. Some of these myths are being put out there by the credit card industry to scare people away from bankruptcy. Here are some common myths that we have learned about from our clients in our daily practice representing debtors in bankruptcy.

How to Prove a Will Was NOT Made of the Deceased’s Own Free Will

In the typical will contest, a party seeks to invalidate a decedent’s will due to an alleged lack of testamentary capacity and/or undue influence. The battle is often exclusively fought on these two fronts. For purposes of this article, we shall assume there exists a will meeting New Jersey’s statutory formalities. The good news for those seeking to invalidate a will is that proving either lack of testamentary capacity or undue influence is sufficient to prevail. The bad news is that you must overcome the legal presumption that a testator is of sound mind and competent when he or she executed the will.

Curious About New Jersey Dog Bite Laws? Let Our Personal Injury Attorneys Explain

Owner Liability for Dog Bites

There is a lot of misinformation about the responsibility of dog owners for their pets. However, the New Jersey law is clear. Dog owners have strict liability regarding injuries caused by their dogs. If you or someone you love has been bitten or attacked by a dog, you can hold the owner of that dog responsible for your injuries.

At the law offices of Scura, Wigfield, Heyer & Stevens, LLP, our NJ personal injury attorneys can help you get the full compensation you deserve.

Can You File for Bankruptcy When Faced With Judgement Debt?

Bankruptcy is something that no one wants to consider. Many people feel that filing for bankruptcy is an admission of failure in life and something that they can never recover from. Often people think that no one can relate to what they’re going through and that there’s no way out of the hole that they’re in.  However, it’s important to know that many people are going through the same problems that you’re currently going through and bankruptcy can be the right tool to get the fresh start that you need. One common scenario in which people turn to bankruptcy to remedy is when they’re saddled with judgment debt. 

Should I File a Personal Injury Case or Claim?

A huge concern of  many injured people is feeling wrong about bringing a claim for injuries they sustain as the result of the negligence of another. Some of our clients come into the office and they feel uneasy about pursuing money for personal injury they sustain in an accident. Recovery of money for the negligence of another is a well settled right under our laws. Many times, in not pursuing your just compensation you are only helping insurance companies and hurting your family and yourself.

Does My Marital Spouse Have to File For Bankruptcy?

A common question that many clients ask during our firm’s free consultations is whether their marital spouse is required to file for bankruptcy with them. Luckily, bankruptcy law permits one spouse to file for bankruptcy without the other spouse joining the process. In fact, you don’t need your spouse’s consent to file for bankruptcy. 

When Do You Need a New Jersey Short Sale Lawyer?

Should You Consider a Short Sale?

A mortgage short sale is not an option that everyone will want to consider. When debt becomes overwhelming, however, it is necessary to discuss your future financial stability with an experienced New Jersey short sale attorney.

A short sale is a very specific situation where the bank will agree to sell your house for less than you owe on the mortgage. The main question here is, what happens to the remaining debt? If you sell the house for less than is actually owed, the lender may forgive the remaining debt. Or, of course, the lender might require you to pay the difference.

The Intersection of Bankruptcy and Homeowner’s Association Dues

If you find yourself behind on assessments or monthly dues owed to a condominium or homeowner’s association, then you are not alone[1]Bankruptcy is a route that can help you to deal with these debts, but it is important to be aware of the limitations of the bankruptcy discharge on these types of debts. 

Navigating a Chapter 11 Bankruptcy in New Jersey

Dealing with any type of financial challenges could be overwhelming, emotional and in some cases, embarrassing. With regards to business debt, our firm understands that business owners in New Jersey might find it difficult to navigate complex financial matters regarding their business. For many, they seek to understand the best way to keep their business operating, but in some matters, business owners should note that some debt relief options might result in the sale or liquidation of their business.

Whether it is a small business or large corporation, dealing with financial challenges can sometimes be debilitating. The steps required and the debt relief options can be very complex, and those considering business bankruptcy should become knowledgeable about the process.

Avoid Common Mistakes When Filing for Bankruptcy

While bankruptcy can offer a fresh start, the process of filing for bankruptcy can be confusing. There are certain common mistakes people make when filing for bankruptcy, so it is important to educate yourself before filing.

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