By MelissaEydenberg November 10, 2014
Mr. Cooke lacked substantial knowledge of the law, did not appropriately advise me of the law, missed critical notices and deadlines, and cost me over $40,000.00 in fees and costs which should have been greatly reduced in the first place had he done his job effectively, and recoverable from the tenants had Mr. Cooke not make fatal errors in the case. Mr. Cooke refused to take appropriate responsibility for his mistakes. ...read more
By melissaeydenberg69 November 10, 2014
Mr. Cooke lacked substantial knowledge of the law, did not appropriately advise me of the law, missed critical notices and deadlines, and cost me over $40,000.00 in fees and costs which should have been greatly reduced in the first place had he done his job effectively, and recoverable from the tenants had Mr. Cooke not make fatal errors in the case. Mr. Cooke refused to take appropriate responsibility for his mistakes. ...read more
By sweetmelissa69 November 10, 2014
Mr. Cooke lacked substantial knowledge of the law, did not appropriately advise me of the law, missed critical notices and deadlines, and cost me over $40,000.00 in fees and costs which should have been greatly reduced in the first place had he done his job effectively, and recoverable from the tenants had Mr. Cooke not make fatal errors in the case. Mr. Cooke refused to take appropriate responsibility for his mistakes. ...read more
Adrunk driving convictioncan significantly change your life—you could lose your license, pay heavy fines, or even go to jail. You may be required to enroll in a rehabilitation program or complete community service work. The conviction will be on your permanent record, which could cause problems for you if you need to rent a car, get driver’s insurance, find work, and more. Depending on the circumstances of your case, you may be able to have the charges dismissed or dropped, and keep the incident from having such a drastic impact. An experienced drunk driving attorney can evaluate your case, and determine your best options. You have the right to defend yourself, and to question any actions made during your arrest or booking that may have been in violation of your rights. Dropped or Dismissed? Most people use these terms to cover anything that isn’t a conviction, but in fact, each one means something different in regards to the legal end of your case. If your charges are “dropped,” this means that the charges have been cancelled. This could happen if you arrange for a deal with the prosecution’s office, and agree to plea to a less serious crime in exchange for having the more serious charges dropped. If your charges are “dismissed,” that means there was not enough evidence for the prosecution to successfully convict you. In New Jersey, you can’t get your drunk driving charges dropped, so agreeing to plead guilty to a lesser charge will not help you in a DUI case. Law enforcement officials have a legal obligation to continue any drunk driving investigation, so you have to deal with your charges in court if you have been arrested for drunk driving. However, you may be able to get your charges dismissed. Depending on the evidence against you, and the circumstances of your case, you may be able to demonstrate to a judge that the charges should be dismissed. A dismissal of your case can happen for a variety of reasons: · The prosecution has a lack of evidence. Because they have to prove that you were intoxicated, they need either hard evidence of your blood alcohol content, like a Breathalyzer sample or a urine test, or they have to rely on their own observation. Typical signs of drunkenness include unsteadiness, bloodshot eyes, and lack of concentration, but these can also be attributed to certain medical conditions or other circumstances. Officers may also rely on evidence collected as part of a field sobriety test, which is not always a foolproof method. · You weren’t actually driving at the time. If you were in your vehicle, but not driving, you can still be charged with a DUI. However, you may be able to prove that you did not and could not have had control of the vehicle. · Your constitutional rights were violated during the traffic stop, or during your arrest. If the officer failed to read you your rights, or if anything else weird went on during the incident, you may be able to have your charges dismissed because you weren’t treated properly. In order to obtain a conviction, the prosecution has to prove that you are guilty beyond reasonable doubt, and that you were in violation of the state’s DWI law N.J.S.A. 39:4-50. If they can’t prove this, your case could be dismissed. DUI Attorneys If you’re facing DUI charges in New Jersey,contact an experienced DUI defense attorneyto discuss your case. ...read more
By The Gorman Law Firm June 04, 2018
Under federal bankruptcy law, retirement funds are generally exempt from the claims of creditors in bankruptcy proceedings. But in Clark v. Rameker, 134 S. Ct. 2242, 189 L. Ed. 2d 157 (2014), the United States Supreme Court declared that an inherited IRA -received by the beneficiary upon death of the IRA owner – does not fall within the definition of “retirement funds” under 11 U.S.C. § 522(b)(3). Therefore, an inherited IRA is not exempt from creditors’ claims in bankruptcy proceedings. Clark involved an IRA inherited by a Wisconsin debtor and the ruling made the inherited IRA available to the debtor’s creditors in bankruptcy proceedings. Thereafter, under similar facts the issue arose for consideration by the United States Bankruptcy Court for the District of New Jersey inIn re Andolino, 525 B.R. 588 (Bankr. D.N.J. 2015)(Hon. Michael B. Kaplan). InAndolino, the debtor Christopher Andolino inherited his mother’s $120,000 IRA. He later filed for Chapter 13 bankruptcy, and claimed the inherited IRA was not an asset available to his creditors. The bankruptcy trustee objected, claiming the inherited IRA was property of his bankruptcy estate because, under the Supreme Court’s decision inClark, inherited IRAs are not exempt from creditors’ claims. Bankruptcy Code Section 541, 11U.S.C.§ 541, establishes parameters for what may be considered property of the bankruptcy estate. Subsection (c)(2) specifically carves out the following exception from bankruptcy estate property: A restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceableunder applicable nonbankruptcy lawis enforceable in a case under this title. 11U.S.C.§ 541(c)(1)(A) (emphasis added). 11U.S.C.§ 541(c)(2). (Emphasis supplied). To aid individual debtors in receiving a “fresh start,” federal bankruptcy law gives a limited amount of exemptions to protect assets considered property of the estate. See 11U.S.C.§ 522(b). The inherited IRA at issue inClarkwas determined to be an asset of the bankruptcy estate pursuant to “applicable nonbankruptcy law”; i.e., Wisconsin law. Thus, inAndolinoJudge Kaplan resorted to New Jersey law to determine whether the Debtor’s inherited IRA is property of the bankruptcy estate under 11U.S.C.§ 541. If not, then the issue of whether to apply a federal bankruptcy exemption to the inherited IRA would be moot. In other words, for an asset to be exempt it must first be considered property of the bankruptcy estate. Judge Kaplan referred toN.J.S.A.25:2-1(b), the applicable New Jersey statute that grants protection to any “qualifying trust”, including an IRA, from the claims of creditors and excludes such a trust from the bankruptcy estate. See alsoIn re Yuhas, 104F.3d612 (3rd Cir. 1997) (an IRA created and owned by a New Jersey debtor is excluded from the bankruptcy estate because the statute restricts the transferability of the account). The New Jersey statute, however, does not explicitly limit protection to traditional IRAs. Therefore, Judge Kaplan had to determine whether the New Jersey statute could also apply to inherited IRAs. Holding that the New Jersey protective statute applied to an IRA even after the death of the original owner, Judge Kaplan reasoned that a “qualifying trust” includes any IRA subject to the provisions ofI.R.C.§ 408. Although different from the restrictions on traditional IRAs, in normal circumstances an inherited IRA remained subject to a set of “unique tax implications and restrictions”, even after the death of the original owner. Accordingly, the protections underN.J.S.A.25:2-1(b) apply to inherited IRAs and exclude inherited IRAs from the beneficiary’s bankruptcy estate; therefore, the issue of whether an exemption from creditors’ claims under Clark and 11U.S.C.§ 522 applied was moot. This article is for informational purposes only, and should not be used as a substitute for legal advice. Reprieve for Child Support and Spousal Support Creditors IRAs do not enjoy unfettered protection from child support and spousal support creditors, however.Specifically,N.J.S.A.25:2-1(b)(2) exempts from this general protection a number of types of claims by creditors, including: “any order for child support or spousal support[.]”Id. (c)LoFaro&Reiser;, LLP, 2016 Disclaimer: This article is for informational purposes only, and is not a substitute for legal advice. No attorney-client relationship is established between LoFaro&Reiser, LLP or the reader(s) of this blog post. You should consult with an attorney to protect your legal rights. ...read more
By Lofaro & Reiser February 06, 2016
So long as the lender is acting in good faith the answer is yes. Read the full article on ourNew Jersey lawyer website. ...read more
By Lofaro & Reiser February 06, 2016
Getting a legal internship can help boost your career by giving you the much needed experience to place on your resume. A job canidate that has just left school but has several intern experiences under his belt will have a better chance getting a new position in a law firm than a job canidate that doe... ...read more
Low income people sometimes have a difficult time receiving legal help. Many do not know they have the opportunity to receive free legal help. Some of these services available to them are by public service charities, volunteer lawyers and law student clinics. People seeking information on these progra... ...read more
