At Scura, Wigfield, Heyer, Stevens & Cammarota LLP our attorneys take pride in ensuring that they are well-versed in the most recent case law and legal arguments that assist our clients in obtaining their desired results. As Chapter 11 experienced practitioners, our firm pays close attention to new legal arguments that can assist our corporate clientele. One such case was decided on March 22, 2017. In Czyewski et al. v. Jevic Holding Corp. et al., the Supreme Court of the United States held that bankruptcy courts cannot bypass the priority distribution scheme in Chapter 11 bankruptcy matters without the consent of affected creditors. See Czyewski et al. v. Jevic Holding Corp. et al., March 22, 2017.
Many individuals are saddled with income tax debt and seek help from the Bankruptcy Code to solve this issue in their life. Each provision of the bankruptcy code treats taxes differently and it is important to understand your options prior to filing for bankruptcy.
A primary relief of filing for bankruptcy protection is to obtain the benefit of the Automatic Stay. The Automatic Stay keeps creditors at bay while the bankruptcy case is administered. It prevents a variety of actions from commencing or continuing, including any judicial proceeding that could have been commenced before the petition was filed. This breathing space is critical in enabling a debtor to reorganize or a chapter 7 trustee to administrate the liquidation of the bankruptcy estate.
It is not unusual that a creditor continues its efforts to collect despite knowledge of the bankruptcy filing. Sometimes the creditor may believe that the stay is not applicable, or it may claim ignorance that the stay prevents a certain act from occurring. Fortunately for the debtor that is harmed by the Automatic Stay violation, bankruptcy courts are quick to enforce the Automatic Stay and are not bashful about penalizing an offending creditor. An aggrieved debtor may seek redress with the Bankruptcy Court and request the Bankruptcy Court to impose sanctions for violations of Section 362 of the Bankruptcy Code, and, in appropriate circumstances, invoke civil contempt for the purposes of putting an end to a continuing violation.
For homeowners facing the imminent loss of their home to a foreclosure, the added threat of a personal deficiency judgment lurks in the background. Because a deficiency judgment is personal, it may have negative effects on your credit and can result in wage garnishments, bank account levies, or subject you to other collection methods. Therefore, for those facing foreclosure, it is important to understand the personal deficiency judgment process and the options available to you.
Not all debts go away in a bankruptcy. Certain types of debt are nondischargeable. Potentially nondischargeable debts, those for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud are dischargeable until the bankruptcy court determines otherwise. Similarly, a debt resulting from willful and malicious injury by the debtor. These types of debts (which are the most commonly litigated in bankruptcy proceedings) are dischargeable until a bankruptcy court rules that it is not dischargeable pursuant to Bankruptcy Code §523(a), §523(c), and Fed. R. Bankr P. 7001 (6).
Personal Injury Law is designed to compensate an injured party to the fullest extent possible for injuries caused by another party. In effect, the goal is to convey a sufficient monetary award that will return the injured party to the position that he/she was in prior to the injury — to "make them whole."
Property owners owe a duty of care to people who visit their property. This means that a homeowner, a commercial property owner or a rural landowner may be held responsible to compensate someone who is injured on the property, whether the injured person is an invited guest or not.
Under premises liability, if a visitor to one's property suffers an injury due to an inherent fault on the premises, the victim may be entitled to file a lawsuit against the property owner. Premises liability flows from the tort law principle of negligence. Thus, it must be proved that the premise's owner was strictly or absolutely liable for the injuries caused. Every year in New Jersey, one of the most common premises liability lawsuits are those conducted against the state government.
Any small business owner knows the importance and difficulty in obtaining credit. Whether the need for financing is to purchase real estate, inventory, or to obtain terms with vendor, the small business that has cash reserves sufficient to meet all day to day operations is few and far between. Typically, obtaining credit for a small business, particularly one that has not been operating for decades, will require an individual or individuals to personal guarantee the debt.
When it comes to car accidents, drivers, passengers and pedestrians in New Jersey do not plan on being involved in one. Because of this, many do not consider what steps they would take after an accident and how badly the incident could impact their life. While every accident is different and could affect victims at various degrees, it is important to be aware of available legal remedies following an automobile collision.