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Questions Answered by Stuart Nachbar
1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Does Speeding ticket in Pennsylvania affect my NJ driving record

Speeding over 25 mph

Stuart Nachbar
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Stuart Nachbar
answered on Aug 12, 2023

Yes, PA and NJ are part of the Compact:

What is the Driver License Compact (DLC)?

A: The DLC is a compact among 46 member states to maximize law enforcement efforts nationwide.

The major provisions of the DLC, which member states are committed to uphold and enforce, are:...
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3 Answers | Asked in Bankruptcy for Texas on
Q: Hello, I need an opinion. Which is best if we have substantial IRS debt, chapter 13 or 7 and why?

we met with two attorneys and one recommended chapter 7 and the other recommended chapter 13 so we now are confused as to which is the best route since the opinions we not the same.

Stuart Nachbar
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Stuart Nachbar
answered on Feb 21, 2023

Your question is hard to answer in a vacuum. Both have advantages.. if taxes are over three years old and all returns have been filed and no extensions done such as offer in compromise, then 7 good.

If tax are Leins, and under three years old or you tried other methods, then paying the...
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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 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... View 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... View 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... View 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 Traffic Tickets for New Jersey on
Q: my sister got a ticket for no insurance card ticket in bayonne NJ, when she was just late to show the card.

Good Afternoon

My sister was visiting me from Philly and got a ticket in Bayonne, NJ while driving my car. she was dropping me off at the train station and while heading back to home in bayonne she missed a red light which was not obvious at a corner on avenue C and cop who a guy gave her... View More

Stuart Nachbar
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Stuart Nachbar
answered on Mar 27, 2024

In my opinion, and I know I am saying this at the risk of losing a potential client, have her plead not guilty and go in and show the insurance card and it will probably be down graded without having to involve and pay for counsel

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: i get ticket 39:3-29 A , however i have valid license but not physical at the point of incident what should i do ?

i get ticket 39:3-29 A , however i have valid license but not physical at the point of incident what should i do ? i have licenace in my mobile with digital copy

Stuart Nachbar
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Stuart Nachbar
answered on Mar 19, 2024

Plead not guilty, then take the physical license and show the prosecutor. Should down grade the charge

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2 Answers | Asked in Bankruptcy for Texas on
Q: What does an attorney need to have to force a company or person into involuntary bankruptcy Chapter 7 in Texas?
Stuart Nachbar
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Stuart Nachbar
answered on Sep 10, 2023

At least 3 creditors, and some luck. Complicated, but see 11 U.S.C. 303(b) et. Srq.

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4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: What are my options when sued by a credit card company for not paying my debt?

debt is $17k. It is my debt, but thought it was included in my debt modification loan with my other credit cards

Stuart Nachbar
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Stuart Nachbar
answered on Aug 16, 2023

This is the problem with debt consolidation. Contact the group that did it and see if they have any record of same and payment. If not, then you either work it out of you may need to file a bakruptcy if that is available to you

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: I can’t find record of a consent judgment I have been making payments on when I do a judgment search. What can be reason

This judgment comes from a ch7 bankruptcy from 2 years ago which the creditor challenged in bankruptcy court and we agreed on a final number and payment plan which I have been making payments on. I did a search to see if my payments are recorded with court but the judgment isn’t even recorded it... View More

Stuart Nachbar
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Stuart Nachbar
answered on Jun 6, 2023

Your attorney should have a copy of same or it could be on the docket that the court maintains

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If I’ve never had an offense before or been pulled over and got a ticket for texting a driving do i get points?

It was leaving my college in bumper to bumper traffic and i was on it for 2 seconds just to put in an adress, what do you think the court will give me

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Apr 5, 2023

39:4-97.3 Use of a handheld cellphone or electronic communication device while driving (if that it the violation code on the ticket) is a 3 point violation. You can try and plea bargain down by talking to the Prosecutor but you will wind up paying a higher fine

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: i WOULD ASK MY UNCLE BUT HE HAS DEMENTIA AND HIS FAMILY WOULD LIKE TO KNOW.

tHE HURSING HOME WANTS TO KNOW WHEN HE FILED FOR BANKRUPTCY AND WHEN HE SIGNED THE HOUSE OVER TO MY OTHER NEPHEW WHO IS DEAD. IF IT WAS EASY TO FIND OUT THE ANSWER I WOULD NOT HAVE ASKED YOU. THANK YOU WE THOUGHT THERE WAS A COURT SOMEWHERE WE COULD ASK.

Stuart Nachbar
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Stuart Nachbar
answered on Mar 24, 2023

You can look on PACER or you ca contact his Counsel

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2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... View More

Stuart Nachbar
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Stuart Nachbar
answered on Mar 17, 2023

Make a Motion to Vacate the Stay, and return to the State Court or have your counsel provide the information of the Contempt to the Trustee and present same to the bankruptcy Court

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: am i relieved of wage garnishment when i file for chapter 7 bankruptcy
Stuart Nachbar
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Stuart Nachbar
answered on Mar 7, 2023

Yes, a chapter 7 will relieve your obligation provided you successfully complete same and recieve a discharge, provided that an adversary complaint objecting to discharge is not filed (and successfully litigated).

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I have a couple tickets that are over 20yrs old in NJ with a warrant for driving with out a dl or suspended I can pay

To get warrant dropped but they say I still have to go to court problem is I don't live in NJ anymore and I am a single father so not trying to get locked up

Stuart Nachbar
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Stuart Nachbar
answered on Feb 27, 2023

Most of the courts do things via zoom or courtcall and don't need in court appearance. If you are required to appear, we can request same by video conference due to your circumstances

3 Answers | Asked in Bankruptcy for Ohio on
Q: can I change my mind to file bankruptcy? Papers are ready but we have not signed off

I have paid the initial fee. The only thing we have signed is the initial papers to get started. I understand I may lose my initial fee but can I still stop the process?

Thank you

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 20, 2023

As far as I know, if you have not filed the bankruptcy, then you can request that counsel file under a different Chapter if possible. Chapter 7 vs Chapter 13. You may ahve to pay additional monies but it should be able to be done prior to filing without much trouble.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Should I attend the virtual hearing myself or hire a lawyer?

The ticket was careless driving. I hit a railing and my friend was injured. Now I am contacting my insurance company. I don't know what this hearing is about. If I say something wrong at the hearing, will I take all the responsibility for this accident and then the insurance will not pay the... View More

Stuart Nachbar
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Stuart Nachbar
answered on Feb 17, 2023

I always urge people to contact and discuss with counsel. This is especially true when an accident is involved with injuries. Please contact counsel in your area.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: I need help filing for bankruptcy

I just moved from Texas to New Jersey in the last two months and I’m not sure which state to file in and I am looking at a chapter 13 bankruptcy

Stuart Nachbar
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Stuart Nachbar
answered on Feb 5, 2023

One needs to be a resident for 180 days to file in the venue they reside.

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: chapter 7 with discharge. One loan in the chapter 7 sent me a 1099-A is that incorrect should it have been 1099c
Stuart Nachbar
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Stuart Nachbar
answered on Feb 4, 2023

Doesn't really matter. What you need to do is give to your accountant and make sure he knows you filed for bankruptcy and he files the appropriate form so it is not seen as income.

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