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Questions Answered by Stuart Nachbar
2 Answers | Asked in Traffic Tickets and Immigration Law for New Jersey on
Q: My friend was given a ticket for driving with fictitious plates. He is undocumented. Should he plea online?

He was also given a ticket for lack of supervision of permit holder.

Stuart Nachbar
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Stuart Nachbar
answered on Nov 23, 2022

As we are not supposed to give specific legal advise here, please seek out representation from a criminal attorney who has knowledge of immigration law. There are specific offenses that can lead to deportation, but I do not believe that this is one of them

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1 Answer | Asked in Bankruptcy for Florida on
Q: I have $1200 in assets and over $60,000 in student loans - can student loans be discharged if I file for bankruptcy?

I have no car, no land, no house, and no business. I have been unable to work/go to school (I had to drop out) the past few years because of serious mental health issues (I've been to residential treatment twice in the past two years). I have complex-PTSD and have been experiencing very acute... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Nov 17, 2022

It may be possible based on your circumstances. Please seek qualified counsel in your jurisdiction. It would probably have to be by adversary complaint, so make sure counsel knows what they are doing

1 Answer | Asked in Child Custody, Child Support and Bankruptcy for Oregon on
Q: can i discharge legal fees that are awarded for a custody but specifically NOT for support that i owe the other party,

my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Nov 17, 2022

First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.

Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not...
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3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Stuart Nachbar
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Stuart Nachbar
answered on Nov 8, 2022

Yes, you could potentially file for Bankruptcy on a Judgment that you can not afford to pay. There are many criteria that have to be satisfied, and I would urge you to seek out counsel in your state to assist you, but yes, this will not prevent you form filing, and this is the reason bankruptcy... Read more »

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1 Answer | Asked in Education Law for New Jersey on
Q: My son who is autistic and 6 years old has tree nut allergies, in the special needs school he attends he grabbed a piece

of peanut butter sandwich from his classmate and ate a piece of it resulting in vomitting and school nurse had to give him epipen shot and send him to ER on a ambulance, is the school liable for the medical costs of the Ambulance ride and ER visit. The teachers and school nurse are aware of his nut... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Oct 27, 2022

The question is not so much education as damages. Does your son have an IEP and is there a designated peanut free area and was he at it? Before one can answer your question, those questions posed would need to be answered. Sorry

2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you have filed chapter 13 in 2020 and it was discharged, would I be eligible to file chapter 7?

My husband unfortunately has entered a rehab facility and is not able to help with our bills.

Stuart Nachbar
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Stuart Nachbar
answered on Oct 14, 2022

If you filed a Chapter 13 in 2020, how are you discharged already? If you got your discharge in 2020, it depends more on when you filed the Petition, as that is the controlling moment

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: What is the procedure to pleading not guilty for a parking ticket? Ticket on vehicle had ordinance no. 39:4-135
Stuart Nachbar
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Stuart Nachbar
answered on Oct 14, 2022

This is not a point ticket, but a fine. Yiu can always plead not guilty, by sending in a letter immediately advising you plead not guilty and want to have a trial on the matter, but I am not sure why

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My car broke down but it's parked safely on the opposite side of the street against traffic is that illegal
Stuart Nachbar
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Stuart Nachbar
answered on Oct 10, 2022

I would agree with Scott, but add that if you call the Police Department in your Town, they may be able to give you a sticker or something to assist you in not getting tickets, as the vehicle broke down.

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My new husband has been in a chapter 13 bankruptcy for 4 years with 1 year left. We just got married. His attorney

wants copies of my pay stubs. I said “no” I have nothing to do with this. This was before we were married. Can the court subpoena my pay stubs? I have no official court order demanding that I provide my pay stubs. Can I refuse since I have nothing to do with his bankruptcy?

Stuart Nachbar
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Stuart Nachbar
answered on Sep 15, 2022

The Bankruptcy Trustee can subpoena them. This is a situation called "change in circumstances" and allows the Trustee to request and augment the Plan in light of same. I would comply with your Husband's Counsel and discuss same with him/her

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3 Answers | Asked in Bankruptcy for Michigan on
Q: how soon can I file chapter 7, If I file a chapter 7 in January of 2016?
Stuart Nachbar
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Stuart Nachbar
answered on Sep 12, 2022

8 years from the date of the petition in 2016 and 5 years if you wish to file a chapter 13

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How much time or distance does the law state that you have to pull over when an emergency vehicle comes up behind you?

I was pulling a travel trailer and can't be expected to stop the same as a car!

50 seconds & less than 1 mile does not seam reasonable. I just viewed a copy of the dash-cam disc.

Why do I feel this is loosely determined by the officer and how he felt that day?

Stuart Nachbar
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Stuart Nachbar
answered on Aug 24, 2022

The statute does not state a specific time or distance. It says: The driver of every vehicle shall immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of an intersection of highways, and shall stop and remain in that position until... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: Can a golf cart be exempt in a chapter 7 bankruptcy using Texas exemptions? What about federal exemptions?
Stuart Nachbar
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Stuart Nachbar
answered on Aug 19, 2022

The only bankruptcy case I know of is out of Western District of Oklahoma. 2022 case. They held in certain circumstances yes it can be.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I need a attorney for a traffic ticket for 2 point 39:4-88B can anyone help it’s in Woodbridge township please send info
Stuart Nachbar
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Stuart Nachbar
answered on Jul 15, 2022

Counsel Aalsberg answered this perfectly. We can't give you our information or solicit business on this platform.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is operating a slow speed blocking traffic an offence with points
Stuart Nachbar
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Stuart Nachbar
answered on Jul 12, 2022

It definitely can be a 2 point violation, depending on which statute was written for the violation.

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3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: Am I entitled to any money for being hit by a drunk driver/watching my driver diein a car accident when I was 15 in 2019

In November 2019, I was 15 (I’m 18 now) and was behind the passengers side of a Lyft driver. Is was around 3am and we got hit by a drunk driver on the highway. I watched my Lyft driver die and that was the last thing I remember. I woke in the hospital with a scraped knee, a broken rib and a... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Jun 29, 2022

Whether you are entitled is only half of the battle. Your statute of limitations is running out quickly. Normally it is 2 years but becuase you were a minor, it was suspended. You need to contact counsel asap.

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Stuart Nachbar
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Stuart Nachbar
answered on Jun 22, 2022

I agree that a Debt Collector may not collect on a debt that was discharged in a previous bankruptcy. You should provide them with a copy of the schedules, and a copy of the Discharge.

If you are referring to a debt that is owed to you, if you disclosed same on your schedules, and the...
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2 Answers | Asked in Banking, Bankruptcy and Collections for New Jersey on
Q: Hi, I have about $100k in business credit card debt(a total of 11 credit cards). I am the personal guarantee for all

of them. All cards are current and I am still making payments, but not getting no where with the interest rates.

Can I negotiate with the banks for a lower amount?

How will this impact my personal credit and my business credit (Dun & Bradstreet)? If I am not able to satisfy the... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Jun 17, 2022

You can negotiate with them. Any break they give you MAY result in a 1099-C for taxes. They start reporting usually after the first late 30 days occurs. Debt management companies, in my opinion, are not good as the first several months of payment go to their fees, and nothing is done to protect... Read more »

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1 Answer | Asked in Car Accidents, Employment Law and Personal Injury for New Jersey on
Q: A county roads employee being sued for injury damages from an MVA while at work. Is he entitled to indemnification?

The county (employer) disciplined the employee. It’s not his first accident. The county denied intent to legally represent and/or indemnify.

Stuart Nachbar
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Stuart Nachbar
answered on Jun 14, 2022

I believe the employee, if accident occurred while in his employment, would be entitled to coverage from the county. I recommend filing a title 59 notice if you are the Plaintiff. The time for this to be done is short, so speak with counsel.

1 Answer | Asked in Education Law for New Jersey on
Q: My sons school will not let me speak to his teacher who thought he was under the influence. Am I legally allowed to?

My son is classified OHI and has an IEP. His teacher thought he was under the influence because he was exhibiting erratic behaviors. he was sent out to be drug tested, it came back negative. To prevent this from happening again, and to find out the complete story, I would like to speak with the... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on May 5, 2022

They can restrict direct access to the teacher, but you can convene a meeting with the IEP Team and his case manager and get to the bottom and require the teacher to be there

3 Answers | Asked in Bankruptcy for New York on
Q: Chapter 7 Bankruptcy. Is it legal to contact other named creditors in advance of the meeting of creditors?

I'm a named unsecured creditor for a debtor (a general contractor / builder) and I suspect that there may be a pattern of fraud on the part of the debtor.

I'd like to contact other creditors to see if there is a pattern of fraud. I understand that there if there is, that would... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Mar 21, 2022

Yes, it is acceptable for creditors to speak with each other.

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