We are a general practice law firm located in Bergen County, New Jersey. Our attorneys offer powerful legal representation to individuals, families, and businesses. You are always welcome at our offices, conveniently located in Hackensack, New Jersey. Call the firm at (201) 880-5563 to arrange your consultation or contact us online.
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NJ Bankruptcy Court
NJ Bankruptcy Court
What is bankruptcy court?
Federal courts have exclusive jurisdiction over bankruptcy cases which means that a bankruptcy case cannot be filed in a state court. Cases are filed under the three main chapters of the Bankruptcy Code Chapter 7, Chapter 11, and Chapter 13. In New Jersey, in the Northern New Jersey area, the client go to the bankruptcy court in Newark.
Bankruptcy Court Procedure:
Proceedings in a bankruptcy courts are governed by the Federal Rules of Bankruptcy Procedure. The bankruptcy rules of procedure incorporate the Federal Rules of Civil Procedure, which govern litigation in other federal courts. Litigation in bankruptcy courts is quite similar to litigation in federal district courts
Bankruptcy courts in New Jersey:
United States Bankruptcy Court for the District of New Jersey are located in Newark, Trenton, and Camden.
Establishing a Domestic Partnership for Estate Planning Purposes
For unmarried couples, it is important to have proper estate planning documents to have legal standing to each other. The Domestic Partnership Act established domestic partnerships for same sex and opposite sex (age 62 and older) nonrelated partners. Couples 62 years an older that want to establish a Domestic partnership need to establish the following criteria: ·Share a common residence in New Jersey or in any other jurisdiction provided that at least one of the applicants is a member of a New Jersey State-administered retirement system;·Both persons are jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property;·Both persons agree to be jointly responsible for each other’s basic living expenses during the domestic partnership;· Neither applicant is in a marriage or civil union recognized by New Jersey law or a member of another domest…
The basic business plan of the debt buying industry is to buy debt at pennies for the dollar. They usually by a list of consumer account without
original documents to support these claims and without any documentation of how
the “amount owing” was calculated. The problem with this practice is that the debt buyer, has no incentive to obtain the proof required in a court of law because its investment is minimal. Typically a debt buyer sues consumers without any documentary proof that this particular
consumer was indebted to the original creditor. . In
every credit card account, the original creditor will possess: - the debtor’s signed
application/request for a credit card, 15 U.S.C. 1642 - required monthly account statements,
15 U.S.C. 1637(b) - the credit card contract, amendments
to the contract and - charge slips or other evidence of
each purchase and cash advance. We always recommend our clients to defend these type of lawsuits so they …
The doctrine of economic duress has significantly developed and expanded, in recognition of the ever-increasing complexity of the business world. Claims of economic duress in business litigation are becoming more frequent. Several courts, including the United States Supreme Court, have acknowledged that there are situations under which financial pressure may cancel an otherwise enforceable contract. See 13 S. Williston, Contracts, § 1603 at 664 (3d ed. 1970); United States v. Bethlehem Steel Corp., 315 U.S. 289, 62 S.Ct. 581, 86 L.Ed. 855 (1942); Hartsville Oil Mill v. United States, 271 U.S. 43, 46 S.Ct. 389, 70 L.Ed. 822 (1926).The definition of economic duress is set forth in Williston:1. The party alleging economic duress must show that he has been the victim of a wrongful or unlawful act or threat, and2. Such act or threat must be one which deprives the victim of his unfettered will. [13 Williston, supra, § 1617 at 704 (footnotes omitted)]