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Questions Answered by Stuart Nachbar
2 Answers | Asked in Bankruptcy for Utah on
Q: I am transgender and legally changed my name and gender. Do I answer a court summons to my old name?
Stuart Nachbar
Stuart Nachbar answered on Jan 14, 2022

This is not a bankruptcy question. This is a State Court matter, unless Federal Court, and you need to speak to someone in your State. This is because they (Plaintiff) may need to do an Alias Summons.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a speeding ticket for $55 in New Jersey. The cop told me I don’t need to go to court I should just pay online

Does this mean I also got points on my lisence ?

Stuart Nachbar
Stuart Nachbar answered on Jan 8, 2022

If you pay online, it is an admission of guilt and yes the points would be assessed

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 7 in NJ what address do I use if I don't have a permanent address?

I have a PO box for mailings.

Stuart Nachbar
Stuart Nachbar answered on Nov 24, 2021

Pursuant to the statute, you must have resided within the State of New Jersey for the past 180 days. or which District (Vicinage) you would be in is based upon your zip code. As you have to present your Driver's License, I would put that address, as you get you mail at a Post Office Box.

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1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Does signing over the title to a tow yard cover the tow fees as well as impound fees in nj also
Stuart Nachbar
Stuart Nachbar answered on Nov 19, 2021

Not always. It really depends on what the salvage value is and what they get for it. Read the fine print of anything they give you as it should explain what you may be liable for once you give them title. Make sure to get your plates back

1 Answer | Asked in Bankruptcy for Kansas on
Q: Can file for chapter 13 two years after I had a chapter 7 discharged 2 years?

Got some medical bills sense chapter 7 and payday loans when I was out of work I'd like to pay back at a manageable plan. I am back to work now and have a steady income but wasn't sure if chapter 13 was an option within 2 years or not.

*Added*

I understand I cannot get a... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 19, 2021

You can not obtain a discharge this soon. The Statute provides in your situation the with holding of a discharge in a Chapter 13 if you have a discharge within 4 years under Chapter 7

3 Answers | Asked in Bankruptcy and Civil Litigation for New Jersey on
Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

Stuart Nachbar
Stuart Nachbar answered on Nov 18, 2021

A. This is the bankruptcy section and you are asking questions about civil procedure.

B. You can make a Motion to the Court to compel discovery and then if they do not comply, you can request dismissal

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2 Answers | Asked in Bankruptcy and Child Support for North Carolina on
Q: What can I ask

I Don't know what I can say

Stuart Nachbar
Stuart Nachbar answered on Nov 17, 2021

If you are speaking to your counsel, be truthful. If you are asking a question in this forum, be as succinct as possible and detailed, but do not divulge personal identifiers

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2 Answers | Asked in Bankruptcy for Colorado on
Q: How long after trustee’s final account and distribution report certification(form 101-7-TDR) until case closed?

Is there a timeline for this? For chapter 7

Stuart Nachbar
Stuart Nachbar answered on Nov 15, 2021

It depends on whether chapter 13 (which can be 45-90) vs a Chapter 7 which is 30-60 days

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How can I interprate 2021NJ law Section 39:4-56.1 B
Stuart Nachbar
Stuart Nachbar answered on Nov 15, 2021

The statute says: No person shall willfully abandon a vehicle upon the public highways, bridges or tunnels of this State, or upon any highways, bridges or tunnels in this State operated by any authority of this State or by any authority created jointly by this State and any other State for the... Read more »

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4 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I be issued 2 tickets for same offense on same day?

Received a ticket for parking too close to a fire hydrant at 4:48 am which I paid. Then just received a notice for another ticket, which apparently was issued at 8:16 am the same day. I did not receive this ticket and was not even aware of it until today. Do I have to also pay this one?

Stuart Nachbar
Stuart Nachbar answered on Nov 10, 2021

You should double check with the Court to make sure not a double listing. If not, it is possible to get 2 tickets for the same non moving violations. If that is the case, please pay same

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Will my credit be destroyed for 7 years if my brother Sells the house that I co-signed for him through bankruptcy?

So my older brother has filed bankruptcy on a house that I co-signed for, he is planning on selling the house Once the bankruptcy go through.

I would like to know if I need to hire an attorney and If I am entitled 1/2 of the sale of the house Once it is sold. And will my credit be messed... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 9, 2021

I believe that consulting with counsel is always beneficial. The question is are you on Deed/Title and/or Mortgage. That is the first and foremost questions. As for your credit, please check your report and see what has already been the effect.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: is 39:4-22 a real law?

Can this be used for moving vehicles?

Stuart Nachbar
Stuart Nachbar answered on Nov 4, 2021

The statute states "No person shall cease to hold the reins in his hands while riding, driving, or conducting a horse.". I AM NOT SURE how this applies to motor vehicles except for horsepower of a vehicle and keeping hands on the steering wheel.

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: The bank filed a replevin order a few months before I filed bankruptcy last week. They are still trying to serve me.

The sheriff came by to serve me this morning and I wasn't home. What do I do? Can I still be served even though I filed bankruptcy?

Stuart Nachbar
Stuart Nachbar answered on Nov 3, 2021

You should speak to Counsel in your region. The automatic stay should stop the lawsuit and service. If they had notice, they could be liable for sanctions.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Are suspended lawyers allowed to prepare bankruptcy petitions in nj
Stuart Nachbar
Stuart Nachbar answered on Oct 4, 2021

As that is engaging in the practice of law, I do not believe so

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled over in NJ for “unclear/fictitious” plates & unregistered vehicle. I purchased the car privately & NJMVC

The Closest NjDMVs (70 miles) were closed due to staff COVID infections -on the 2 separate occasions that I had appts for. I showed the officer my valid insurance for the vehicle and the title and bill of sale. The car has been fully insured & I had the title and bill of sale. Despite... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 10, 2021

You definately can speak to the prosecutor and even the Judge. They may reduce or give less of a fine. I always urge clients to hire local counsel as it may work in your favor as well

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got a 39:3-15 while being parked in nj what fines apply to this ticket
Stuart Nachbar
Stuart Nachbar answered on Aug 25, 2021

You are looking at a $300.00 fine for a car and possible suspension of license and registration privileges if not taken care of quickly

4 Answers | Asked in Car Accidents for New Jersey on
Q: Was n a hit and run accident how long it takes to receive any status

I was hit by a Mack truck I was a backseat passenger in vehicle it was a hit and run if the driver has insurance. Who do i sue how long does the process take to get a lawsuit

Stuart Nachbar
Stuart Nachbar answered on Aug 13, 2021

There is alot to deal with here. Cases like this can be done in a year or so, depending on treatment and cooperation. There maybe Uninsured Motorist issues and identifying the Defendant. IF it was a hit and run, did someone get the license plate and was it reported to the Police?

Make an...
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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: 39:4-98.29 is this put points on my license
Stuart Nachbar
Stuart Nachbar answered on Aug 11, 2021

Yes, this is at least a 2 point violation and I strongly urge you to get counsel in the area of the court as they are usually more knowledgeable of the happenings and trends in their Court.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: between one is better to plead - unsafe driving - or care less driving
Stuart Nachbar
Stuart Nachbar answered on Aug 5, 2021

Unsafe Driving on a third offense is a 4 point violation, whereas Careless can be a 2 point. There is also the 97.2 which is an unsafe on the first time which is a Zero Point but a 400.00 fine. so it all depends on the situation

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: In NJ can I plead down on 39:4-97 and 39:4-144 if I have a bad driving record?
Stuart Nachbar
Stuart Nachbar answered on Aug 4, 2021

You can always ask the Prosecutor, and the worst he can do is say no. Every Prosecutor is different and it depends on your demeanor and attitude and also if you gave the Police Officer that gave you the most recent ticket a "hard time." I strongly urge you to seek out competent counsel... Read more »

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