http://blogs.richardsonlawoffices.com Discussing Issues of New Jersey Law Mon, 26 Jul 2010 12:30:33 +0000 http://backend.userland.com/rss092 en Many clients come to me after having been sued by one or more of their creditors, and they are concerned that it is too late to do anything about that particular debt.   I would have to say, though, that in the vast majority of cases, a debtor can still wipe ... http://blogs.richardsonlawoffices.com/2010/07/26/can-i-still-bankrupt-a-debt-if-the-creditor-gets-a-judgment-against-me/ I have written before about why it is a bad idea to break the traffic code "willfully" (such as to drive with full knowledge that your license is suspended or that you have no insurance),  by discussing the ruling of the New Jersey appellate court in the case of State ... http://blogs.richardsonlawoffices.com/2010/07/22/how-much-trouble-are-you-in-if-you-break-the-traffic-laws-on-purpose/ The title of this post sounds funny, but it can cause problems for people that are arrested for drunk driving in New Jersey.  The breathalyzer used here is the Alcotest 7110, and it is a rather sophisticated machine.  After being given two (2) breath samples, it spits out a report ... http://blogs.richardsonlawoffices.com/2010/07/19/what-happens-if-you-are-not-a-big-enough-blowhard-for-the-breathalyzer/ I had written in a previous post that when it came to getting a driver to understand that he or she is obligated to give breath samples when arrested for DWI, with no right to counsel or protection from self-incrimination, non-English speakers were out of luck.  The police had no ... http://blogs.richardsonlawoffices.com/2010/07/15/non-english-speakers-get-break-refusal-cases/ It is fairly rare for jail time (incarceration) to be meted out as part of a traffic court sentence, but it does happen.  What is even rarer is where there is an accumulation of jail time for various offenses that adds up to a rather long stay.  How much time ... http://blogs.richardsonlawoffices.com/2010/07/12/maximum-for-jail-time-set-for-traffic-court-convictions/ Police officers frisking a suspect as part of an arrest is something  with which we are all familiar.  There is even a famous picture of former New Jersey Governor Christie Whitman frisking someone.  This is for the purpose of determining whether the suspect is armed, before taking him or her ... http://blogs.richardsonlawoffices.com/2010/07/08/how-far-is-too-far-when-frisking-a-suspect/ It is not unusual for people getting divorced to be in financial straits; many times that is the basis for the fights that led to the "irreconcilable differences" that led to the divorce in the first place!  In addition, filing bankruptcy as part of a divorce strategy can also make ... http://blogs.richardsonlawoffices.com/2010/07/06/be-careful-about-trying-to-discharge-your-divorce-attorneys-fees-in-bankruptcy/ Occasionally, when interviewing a client for bankruptcy, I am told, "Well, I do work for this guy, but it is under the table/off the books."   The fraud consequences of not declaring this income on your tax return aside, this strategy is always a bad idea. What most people do not ... http://blogs.richardsonlawoffices.com/2010/07/01/why-making-money-under-the-table-is-always-a-bad-idea/ One question I am often asked is whether people can get out from under an onerous tax burden by filing bankruptcy, either in a chapter 7 or a chapter 13.  Trust fund penalties aside for unremitted payroll tax deductions, it is possible to discharge (wipe out) income taxes under certain ... http://blogs.richardsonlawoffices.com/2010/06/29/can-income-taxes-be-discharged-in-bankruptcy/ As I have said in many a post, and as has been my experience in my bankruptcy practice over the past 18 years, no one actually wants to file bankruptcy.  In trying to avoid it, they make all sorts of mistakes, like raiding their pensions.  However, another mistake is often ... http://blogs.richardsonlawoffices.com/2010/06/23/debt-settlement-agencies-offer-help-but-with-pitfalls/