Steven J. Richardson | December 30, 2009
Section 341a of the U.S. Bankruptcy Code requires that there be a First Meeting of Creditors where the debtor meets with the trustee, who asks him or her questions about the filing, along with any creditors who may appear. For chapter 7s in New Jersey it occurs about 45 days after the bankruptcy is filed; [...]
Category: Bankruptcy |
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Tags: Bankruptcy, creditors
Steven J. Richardson | December 21, 2009
Many times my bankruptcy clients wonder why I ask them to put a value on things like clothing, old furniture, and costume jewelry. Who could possibly want them? They have no real value. I have various answers, but they all boil down to the fact that no matter what its value, what you own is [...]
Category: Bankruptcy |
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Tags: assets, bankruptcy petition, disclosure
Steven J. Richardson | December 15, 2009
Since I started my bankruptcy practice back in 1992, I have noticed a marked decline in new clients signed in December and January. I have long suspected it is because people are either in denial (shocked back to reality in January when the credit card bills come in with all those gift charges) or they [...]
Category: Bankruptcy |
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Tags: Bankruptcy, credit card fraud
Steven J. Richardson | December 14, 2009
Every once in a while, the law has a very good sense of irony, and a ruling recently by the New Jersey Appellate Division is certainly a good example. New Jersey’s Prevention of Domestic Violence Act creates a separate cause of action for assault when it occurs between two people in a “dating relationship.” For [...]
Category: Criminal, General Legal |
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Tags: dating relationship, domestic violence
Steven J. Richardson | December 8, 2009
One of the basic freedoms and civil rights we enjoy is the right to privacy in our own homes. Law enforcement must have some probable cause, or exigent (i.e. emergency) circumstances to enter a citizen’s home without a warrant. There is a whole body of court opinions in our jurisprudence that talk about what those [...]
Category: Criminal |
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Tags: probable cause, warrantless search