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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Debt Relief for Baby Boomers

The reason most people never reach their goals is that they don't define them, or ever seriously consider them as believable or achievable. Winners can tell you where they are going, what they plan to do along the

With health care costs and inflation soaring, it’s not abnormal for elderly Americans ages 65 and older to seek out divergent financial strategies on debt relief. As their conventional ideals of retirement and later life transform with time, the rate of older folks has spiked to nearly three times the rate in 1991. So what’s behind this trend?

Can an Individual File for Bankruptcy Using A Power of Attorney?

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A Power of Attorney is a unique legal document that permits a designated party for conducting certain transactions on behalf of an individual. Some of these transactions may relate to insurance, property, banking, participating in legal proceeding, and health. A Power of Attorney can be limited to specific transactions or may be general enough to allow the designated party to conduct any transaction that the individual could have conducted. Over the years, our firm has filed numerous bankruptcy petitions using a Power of Attorney and has successfully litigated this issue.

Wells Fargo Error Contributes to Hundreds of Foreclosures

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Were you recently denied a loan modification by Wells Fargo? Has your home been forced into foreclosure? Do you believe you meet all the requirements for a loan modification? You may be one of hundreds of unknowing customers recently harmed by the bank’s computer glitch, causing eligible homeowners to be denied a modification.

What Happens to a Debtor's Bankruptcy Proceedings Following an Untimely Death?

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The loss of life is tragic for family members and on rare occasions loss of life may occur during a bankruptcy proceeding. If you are a successor-in-interest to a decedent’s estate that is in a bankruptcy proceeding, then you will need to be aware of what happens to debts when the debtor unfortunately passes away. While debts owed by the decedent may not automatically pass onto a successor-in-interest, it is important to be aware that creditors may seek assets from the decedent’s estate to sell and satisfy claims.

Can I Rebuild My Credit After Bankruptcy?

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It’s no secret filing bankruptcy can impact your credit score and reports. Reaching financial recovery through bankruptcy can be a long, jagged road. However, the notion you’re fated to a lifetime of horrendous credit after bankruptcy is completely false. It is absolutely possible to rebuild your credit following filing bankruptcy, provided you know how to.

Statute of Limitations against Port Authority of New Jersey and New York

port_authority_george_washington_bridge In cases involving personal injury claims against the Port Authority of New York and New Jersey (Port Authority), the statute of limitations is shorter than with a case involving private parties or even other governmental agencies, such as the state or municipalities. A case against the Port Authority must be brought within one year or you will lose your right to file a personal injury claim. In addition, to add to this extra procedural hurdle, a notice of claim has to be filed 60 days prior to filing suit. The relevant statute in New Jersey, N.J.S.A. 32:1-163 provides:

Do I 'Qualify' for a Chapter 7 Bankruptcy in New Jersey?

Clients often ask if they qualify for a Chapter 7 bankruptcy.  People may not know much about bankruptcy before calling my office, but there is a general anxiety as to whether they will be "forced" into repaying some of their debt.

Statutes of Limitations In New Jersey Personal Injury Lawsuits

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Be Careful to Bring A Lawsuit in Time For Personal Injuries

A person has a limited amount of time to sue for personal injuries. The Statute of Limitations is a law that sets forth the time period by which a lawsuit must be filed. If a plaintiff (the person filing the suit) fails to file the lawsuit within the defined period of time, then the plaintiff will likely be barred from pursuing the case further.

New Jersey law has various statutes that govern how long you have to file a lawsuit. The time limits within which one must file a lawsuit can be found in various statutes, including, but not limited to, the New Jersey Statutes Annotated (N.J.S.A.) at N.J.S.A. 2A:14 and N.J.S.A. 2A:31 (wrongful death actions).

Navigating a Chapter 11 Bankruptcy in New Jersey

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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.

Conversion of a Chapter 7 Case to a Chapter 13 Case

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It may seem odd at first thought why someone would want to be in a chapter 13 case if he or she qualified for a chapter 7. In recent weeks however, I have noticed that chapter 7 trustees are getting more aggressive about pursuing possible equity in a home

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