Category Archives: General Legal Issues
Bankruptcy in New Jersey and Pennsylvania
Filing for bankruptcy is a difficult decision for many to make, but it can often be the best path back to financial stability. The prospect of the fresh start often has individuals faced with this decision eager to be able to get started and re-build their credit. Therefore people often want to know exactly how long the period of time is from the filing of bankruptcy to the discharge of that bankruptcy. While each case is unique, it is possible to offer ballpark estimates for the duration of a bankruptcy proceeding. Continue reading
In Pennsylvania there are two available types of bankruptcy. The first is Chapter 7 bankruptcy, also referred to as “liquidation”. The liquidation form of bankruptcy sells non-protected assets in order to satisfy debts. Once all of the assets are sold off then the remaining debts are wiped clean on discharge. Because debts are wiped away entirely, Chapter 7 is often preferred by individuals – despite the requirements of a ‘means test’. Continue reading
Declaring bankruptcy is a serious decision and can be a very useful and powerful tool to help an individual start over financially. Even though in some cases bankruptcy can be the best path to financial stability, considering bankruptcy is nearly always a stressful time. The best means to counter the uncertainty and doubt attached to such an important financial decision is to have the knowledge and reassurance that bankruptcy is the best strategy to remedy your current situation. One of the most common questions that we hear is: Continue reading
(Printed in The Trenton Times Op-Ed Section, July 27, 2009)
As a former big-city police officer, a former police misconduct investigator, a bi-racial African-American, and as an attorney who defends both police officers and the criminally accused, I have a unique perspective on the touchy subject of Racial Profiling, an issue which has recently been debated in the Times editorial pages by Ewing Attorney Donald Roscoe Brown and Lawrence Township Police Chief Daniel Posluzny. Continue reading
Commercial Real Estate Brokers received some assistance from the New Jersey Supreme Court protecting their right to lease renewal commissions following a sale of the property for which the Broker had a listing agreement. This is an important decision because following a sale, Brokers no longer have privity, a legal prerequisite to enforcing a contract right, with the owner. The new decision relaxes the privity requirement and provides direction for Brokers who wish to protect their right to the valuable income provided by renewal commissions. Continue reading
In June 2009, the United States Supreme Court decided Forest Grove School District v. TA in which the Court held that private tuition reimbursement may be obtained even if the child was not previously receiving special education benefits from the public school system. However, this does not mean that a child who never went to public school can obtain tuition reimbursement. It means that, if a child was denied special education services before enrolling in private school, tuition reimbursement is a possible remedy. Previously, it was an open question among the Circuits whether a child had to have had an IEP before tuition reimbursement could be considered. That question has been answered in the negative. Continue reading
All eyes in the New Jersey law enforcement community will be riveted on the upcoming trial of Trooper Robert Higbee. On September 27, 2006, Trooper Higbee’s cruiser crashed into a mini-van, killing two young sisters, Christina and Jacqueline Becker. Though this event was clearly a horrible tragedy, questions are always raised in the law enforcement community about the fairness of criminally prosecuting a police officer for a fatal car accident that occurred while the officer was on duty, and clearly acting in good faith. While the Higbee trial is technically about the events on the night of September 26, 2006, the underlying policy question remains: should our communities seek severe criminal punishment for police officers who are involved in traffic accidents, when there is no indication that the officer purposely did anything wrong? Continue reading
News Flash – USCIS Updates Count of FY 2010 H-1B Petition Filings.
42,000 petitions have been submitted towards the 65,000 maximum cap. See the full press release, here: http://www.uscis.gov/files/article/h-1-cap-9april09.pdf.
Women who are victims of sexual harassment and discrimination often suffer in silence. Like rape victims, victims of sexual harassment often feel somewhat responsible for being mistreated. Make no mistake: it takes courage to stand up for yourself. But once you summon the courage to do something about it, you need a good lawyer who understands and appreciates the financial and psychological damage that sexual harassment causes. Continue reading
News Flash – USCIS Announces Continued Receipt of H-1B Visa Petitions U.S. Citizenship and Immigration Services (USCIS) announced today that it will continue to accept H-1B applications until the Fiscal Year 2010 (FY 2010) cap of 65,000 petitions is reached. USCIS stated it will monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. masters degree or higher educational exemption cap. USCIS also stated that it reserves the right to randomly select petitions in a lottery to reach the cap, although USCIS previously stated that it would utilize the random lottery only in the first five days of the filing period. See the USCIS press release issued today for the full report: www.uscis.gov.