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Questions Answered by Stuart Nachbar
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... View 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... View 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... View 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... View 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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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Traffic ticket amended to '39:5B-32 QUALIFICATION OF INTRSTATE VEHICLES; RULES & REGULATION'. What does this mean?

IN NJ I received a citation for the moving violation '39:4-88B TRAFFIC ON MARKED LANES - UNSAFE LANE CHANGE'. I ended up disputing the ticket online as I did not believe the ticket was fair to my actions as I was not making any lane changes and simply drifted to the shoulder of the road... View More

Stuart Nachbar
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Stuart Nachbar
answered on Mar 15, 2022

The long and short of it is that this is a not a point violation.

In essence, this is what you are pleading guilty to:

no person shall operate a commercial motor vehicle, as defined in rules adopted pursuant to this section, in this State unless the operation of the commercial motor...
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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I have a New Jersey license, but got a New York speeding ticket. I know this will give 2 point from NJ motor vehicle.

Can I still fight to not get these points at all? Or will get them regardless? If so I know I can do a defensive driving course to remove, but will my insurance still increase ?

Stuart Nachbar
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Stuart Nachbar
answered on Mar 5, 2022

If you fight in NY and win, the there is nothing to assess here in NJ under the Compact.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 13 and adding on fees !

I have been in Chapter 13 bankruptcy for four years and two months. I haven’t missed a payment on my mortgage or Trustee. My loan was for $210,000. My mortgage was sold and I received a letter saying that I owe $170,000 on my loan which has to be a mistake. Then they are saying, I owe $16,000 on... View More

Stuart Nachbar
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Stuart Nachbar
answered on Mar 5, 2022

If you are 4 + years into your BK, please go.speak with your counsel.and have him review the POC and ask for a post petition payment history. That should get a good handle on the situation

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Will you please help me and help me.file bankruptcy against my surcharges and fines I really don't know what else to do
Stuart Nachbar
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Stuart Nachbar
answered on Mar 3, 2022

While I agree with counsel, you have to be careful as to what the surcharge is for. If it is for DWI, then penalties maybe judgments which can only be handled with a Chapter 13.

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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
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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
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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
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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
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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... View More

Stuart Nachbar
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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
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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
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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
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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
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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... View 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
PREMIUM
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... View More

Stuart Nachbar
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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
PREMIUM
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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