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Questions Answered by Stuart Nachbar
2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it legal to cite a driver for wrong way driving when it happens at a drive through at Mc Donald’s?
Stuart Nachbar
Stuart Nachbar answered on Apr 21, 2021

It would depend on if it is private property or not. If it is not privately owned property, then yes it would be

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6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Stuart Nachbar
Stuart Nachbar answered on Apr 1, 2021

I would say yes, but it depends also on whether they actually passed the Professional Responsibility part of the exam as well. Unfortunately, too many today do not practice the ethics we are supposed to be held to

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: My sister just lost her husband to COVID. Her husband left her with $100,000 in credit card debt.

They own a home with a mortgage of about $300,000. He owns another home with a mortgage of about 150,000. She’s not working, she’s a retired nurse. Can she claim bankruptcy?

Stuart Nachbar
Stuart Nachbar answered on Mar 24, 2021

As a bankruptcy attorney, I would suggest a consult, provide proof of income, if possible appraisals of the property and rent roll for same. Also, need to determine if she is liable for any of the cards, as in were any of the cards joint cards, or were they only in his name. We offer free consults

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3 Answers | Asked in Bankruptcy, Consumer Law and Divorce on
Q: Will you be my lawyer
Stuart Nachbar
Stuart Nachbar answered on Feb 17, 2021

I am in New Jersey and not licensed in Colorado

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1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
Stuart Nachbar answered on Feb 10, 2021

Yes it is automatic once judgment is entered

2 Answers | Asked in Car Accidents for New Jersey on
Q: Someone hit my car and leave, but a person that saw the accident leave a note for me with the car description.

Can I use a anonymous note as a proof?

Stuart Nachbar
Stuart Nachbar answered on Dec 31, 2020

I recommend that you file a Police Report and give the Police the note and let them decide what to do in terms of charging the person (driver). The unknown driver could be liable for the damages to your car as well as leaving the scene of an accident.

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4 Answers | Asked in Bankruptcy for California on
Q: What happens when the chapter7 judge grants/terminates, motion of stay to the creditor?

Creditor is for secured for vehicle I do not want.

Stuart Nachbar
Stuart Nachbar answered on Dec 19, 2020

Creditor has to serve the executed order on you and then they can take the vehicle

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3 Answers | Asked in Bankruptcy for California on
Q: I filed chapter 7, Pro-Se. After 341 meeting creditor filed motion to relief of stay. Was granted in his favor.

This is for a vehicle that had interest rat of 20.8% owed more then car was worth.

Stuart Nachbar
Stuart Nachbar answered on Dec 19, 2020

The motion is heard 21-30 days after filing depending on when the hearing date is set. You can call the court and and ask and thr creditor has to serve a copy of the order on you.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Hi, I’m recently divorced and my ex husband has just filed for chapter 13 Bk, the family court order him to pay me $75k

for equitable distribution as well as ordered the marital home to be sold immediately, we had a buyer who offered 1.2 mill and ex refused b/c he wanted full asking price, there is about $700k equity. He told Bk court house was valued at $225 thousand. We also owned another property with a lot of... Read more »

Stuart Nachbar
Stuart Nachbar answered on Dec 11, 2020

You have a lot of questions and I believe as a bankruptcy counsel numerous issues. Take a few moments and speak with a counsel in your state familiar with both bankruptcy and family law. Your ex-spouses petition may be fraudulent and needs to be dealt with. Please heed advice and search out good... Read more »

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2 Answers | Asked in Bankruptcy for New York on
Q: Hello I am in need to file for bankruptcy. I am homeless and I am from out of state.

All of my debt occurred in a different state and is some years old I and homeless no income at moment. I will soon be filing taxes for the last years as I know it's required. Can you provide free legal aid for my situation?

Stuart Nachbar
Stuart Nachbar answered on Dec 4, 2020

We cant provide over this forum, but look up Pro Bono Services in whatever county your are in. Under Bankruptcy laws, you can file where you are , as long as you have been there for 6 months

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2 Answers | Asked in Car Accidents for New Jersey on
Q: I have a document from the court with my judgement. The lawyer that handled it said I now wait for payment from uninsure

Lawyer said I have to wait for uninsured motorist fund to cut me a check. Basically told me i was on a list and when my number comes my settlement comes.

The judge awarded me 27,000.

I have been waiting forever and I was hoping I could do one of those "it's my money and I need it now" places

Stuart Nachbar
Stuart Nachbar answered on Nov 16, 2020

I dont know how long ago your settlement was reached, but your counsel should have the settlement check in hand within 60-90 of sending in the appropriate paperwork on the settlement. In terms of a funding, look at Lawcash.com

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled over for speeding as stated by the officer 19:9-1.2 .39 and also ticketed for 3 other offenses

I was pulled over for speeding in Jersey as stated by the officer 19:9-1.2 .39 but ticketed for 3 other offenses 39:4-96, 19:9-1.3c, 39:4-88A. Two are payable the other two I have to appear in court. What would you recommend I do? Pay the two or just wait until my court date to see what happen also... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 9, 2020

19:9-1.2 .39 - Speed Violations, probably 39 mph over limit

39:4-96 Reckless Driving

19:9-1.3c Failure to maintain L:anes or traffic signals in a 65 mph or Safe Corridor

39:4-88A. Failure to maintain lanes

The 96 and 88A have points

The rest are fines...
Read more »

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2 Answers | Asked in Bankruptcy for Indiana on
Q: Do you have to ask the trustee to sell your house in a chapter 13 and your house is not included?

I paid the back mortgage payments up that my attorney had me miss to create debt. The plan now only has credit and vehicle.

Stuart Nachbar
Stuart Nachbar answered on Oct 27, 2020

Yes you need to get permission from the trustee to sell the asset, and you may have to turn over the proceeds from the sale, if any, to the trustee to satisfy the Chapter 13 Plan.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: We were cited for failure of driver to stop/stay stopped for pedestrians. Code 39:4-32B will there be points for this?
Stuart Nachbar
Stuart Nachbar answered on Oct 17, 2020

There are no points attached to this violation. There can be steep fines depending on if there are injuries or not

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: Can you file bankruptcy more than once
Stuart Nachbar
Stuart Nachbar answered on Oct 17, 2020

Counsel W. J. Winterstein Jr. has put it most clearly and even gave you the statutes that you can read for yourself. Well Done sir

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Nebraska on
Q: Can my landlord evict me for filing for bankruptcy if I am current on rent payments?

I intend to continue being paying rent in full and on time.

Stuart Nachbar
Stuart Nachbar answered on Sep 19, 2020

No, as long as you are current, remain current and marked in your petition your intent to reaffirm your rental lease

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3 Answers | Asked in Bankruptcy and Traffic Tickets for New Jersey on
Q: 1986 I lost my license failure paying a traffic ticket i get SSID NJ wants 15.000 restitution should I file bankruptcy

What can i do to get a driver's license is bankruptcy my only option??

Stuart Nachbar
Stuart Nachbar answered on Sep 17, 2020

I disagree with counsel as some DMV, or MVC fines are able to be discharged. It would depend on what the fine was for to determine if discharged. Also, you would have to have more debt than just MVC as the court usually does not approve single creditor bankruptcies.

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4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Stuart Nachbar
Stuart Nachbar answered on Sep 16, 2020

The property owner must redeem the tax certificate through the chapter 13 or the lien can be foreclosed on

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: Took tenant to small claims judge ruled in my favor but says she is filing bankruptcy can she add that to bankruptcy?

If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 15, 2020

While she can add the back rent to the Bankruptcy, she cant just live there for free. If she is a Chapter 13, she has to bring current and stay current

If a Chapter 7, she either has to pay or get out

I HIGHLY recommend that you seek out counsel in your jurisdiction that can assist...
Read more »

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1 Answer | Asked in Bankruptcy for Nebraska on
Q: How can I stop collection agents from calling. I’m on disability. I got myself in a financial mess. Bankruptcy?

I have over$8000.00 in debt. My total income is $970.00 a month. I’m struggling terribly. Please help.

Stuart Nachbar
Stuart Nachbar answered on Sep 9, 2020

Bankruptcy would definately help you. I strongly urge you to consult counsel in your area

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