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Questions Answered by Leonard R. Boyer
4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: Our house was foreclosed on last year and bankruptcy was dismissed. My brother I law passed away. My mother in law wants

to put his house in my husband and his sisters name because she is 90 yrs old

Can he have the house in his name.

Leonard R. Boyer
Leonard R. Boyer answered on Aug 13, 2020

NO! If the house was foreclosed on, your Mother no longer owns it. Also, any change to the deed would cause problems. You really need to have an in person consultation (or secure video conference with an experienced NJ mortgage foreclosure defense and bankruptcy attorney. The exact situation can... Read more »

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2 Answers | Asked in Contracts and Civil Litigation for New Jersey on
Q: Can our wedding venue ignore us and go silent on our refund request?

We canceled our wedding venue weeks ago. They promised to discuss our refund upon their business opening up as they could not issue refunds while being closed. Their business has since been opened and they ignore emails, don't show up for scheduled calls, and have now gone silent. We feel they... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 11, 2020

The only way that you have any chance of getting your money back is going to be to file a lawsuit. However, no one can tell you about the solvency of this "wedding venue". Depending on the contract and other facts, you may have a complaint under the New Jersey Consumer Fraud Act, which... Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: ID like to locate chapter 11 bankruptcy cases in the ED or SD of NY, how do i do that?

specifically subchapter v in the prior year, is there a way of doing that?

Leonard R. Boyer
Leonard R. Boyer answered on Aug 9, 2020

Subchapter 5 just started this year. What exactly is it that you are trying to do?

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1 Answer | Asked in Small Claims, Consumer Law and Copyright for New Jersey on
Q: I received an email from google about a Notice of Class Action Settlement re Google Plus Your Rights May Be Affected

They provided a well detail email about the options I have and I wanted to know if I should just settle for the $12 or can I go bigger they have broken my rights and invaded my privacy

Leonard R. Boyer
Leonard R. Boyer answered on Aug 7, 2020

Trying to file a lawsuit as an individual against a company like Google is not going to be cost effective. You don't even know if your legal fees will be covered or not. Most litigants in a class action settlement get next to nothing. I personally, would take the $12.00 and move on.

5 Answers | Asked in Bankruptcy for New Jersey on
Q: Would a judgement received as a result of a personal injury case from an auto accident be dischargeable in bankruptcy?

My husband just learned that there was a $75k judgment against him and his co-defendant in a personal injury case from 2007, but judgment was placed in 2010 without him ever receiving any notice for court, about the judgment, etc. He was aware of the case and got to the point where they were... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 5, 2020

You really need to retain an experienced Bankruptcy attorney to represent you in this matter. Bankruptcy is very complex and far more than merely filing out forms. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Can I get alimony?

Me and my husband have been separated for 2 years he threw away all of my belongings and I just found out today that his girlfriend is two months pregnant and wanted to know if I can get alimony from him?

Leonard R. Boyer
Leonard R. Boyer answered on Jul 25, 2020

The answer is probably not. You have been living separate and apart for two years, so there would be a strong argument against it. The fact that your not yet ex-husband has a pregnant girlfriend is not a factor. What you need to do is have an in person consultation with an experienced matrimonial... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: My ex girlfriend keeps filling temporary restraining orders against me I have no contact with her and haven't seen her.

She lives in NYC I live in NJ. I haven't seen her in 9 months.

Leonard R. Boyer
Leonard R. Boyer answered on Jul 2, 2020

You are going to need to retain a NY matrimonial attorney, with extensive domestic violence trial experience, if these complaints are filed in NY, but if they are being filed in NJ, then you need a NJ attorney. Your question has omitted a significant amount of facts, which would be necessary to... Read more »

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2 Answers | Asked in Contracts for New Jersey on
Q: Need a letter

Hello: I am looking for a letter that I need my son to sign in exchange for $20,000.00. We bought him a house five years ago and he wanted another place and I financed it for him. He wants to stay at the other property but wants 20,000.00. I am willing to give it to him but I want him to sign a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 1, 2020

A letter is insufficient in this matter. Depending on what a review of the documents pertaining to both properties indicates a new deed and other documents will be required. A deed or any matter pertaining to a financial obligation in regard to real estate cannot be modified by a letter.

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can you file this while a person is incarcerated?
Leonard R. Boyer
Leonard R. Boyer answered on Jun 24, 2020

Can you file what? For child support? Yes, but do not expect to get anything.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New Jersey on
Q: Why is it illegal to file eviction in NJ without an attorney if you’re an LLC?
Leonard R. Boyer
Leonard R. Boyer answered on Jun 16, 2020

Because the Statutes require all forms of corporate entities to be represented by attorneys in all legal matters.

1 Answer | Asked in Real Estate Law and Business Law for New Jersey on
Q: I’m interested in wholesaling.. If I sign an offer to purchase on a home, am I legally obligated to buying and damages?

Essentially I want to find homes, sign offers to purchase, and then sell the interest in those properties to house flippers who will make more money for a fee. Do I need a real estate license in NJ? Should I incorporate? Do I tell my current employer? Thanks for your input!

Leonard R. Boyer
Leonard R. Boyer answered on Jun 13, 2020

You really need to have an experienced business and real estate attorney set up the right corporate structure, draft the contracts and handle all legal aspects of your business. Good law firms will enable you to retain their services on an ongoing monthly retainer. Remember, a good lawyer is rarely... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Could I travel back to the US on my unexpired O-1 Visa, while my DS-260 application is being processed?

I am currently on an O-1 Visa expiring late 2021. I (luckily) won the DV Lottery this year and plan to apply through Consular Processing. Will I be able to travel back to the US on my unexpired O-1 while my DS-260 is being processed? Thank you.

Leonard R. Boyer
Leonard R. Boyer answered on Jun 10, 2020

With an international travel ban in effect, you are not going to be coming to the US until it is lifted.

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3 Answers | Asked in Bankruptcy for New York on
Q: Give example of: Homestead exemption, Catch-all Exemption, Equity, Conversion, Dismissal, Bankruptcy petition preparer.
Leonard R. Boyer
Leonard R. Boyer answered on May 19, 2020

It sounds more like a legal research project than anything else. If, this is not legal research, then consult an experienced bankruptcy attorney.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My bankruptcy was closed/completed in Jan 2019 but the mortgager still hasn’t foreclosed on the property.

I continue to get statements showing I owe more than $50k to bring the mortgage to date, that the bank assigned a flood policy and hazard policy to the mortgage, resulting in exorbitant fees, and that my property taxes are many quarters overdue. The house was badly damaged in a hurricane (Sandy)... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 17, 2020

First of all, if you were represent by a bankruptcy attorney, you should contact the attorney. Second, there is a big difference between whether a bankruptcy was closed or discharged. If you got a discharge, then that is the end of your financial liability. Third, a property manger is someone who... Read more »

1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: How long does a contractor have to refund a deposit on a contract cancelled within the 3-day right of rescission?

Home improvement contract. I cancelled two days after signing (within the 3 day period). Contractor already cashed my check. How long do they have to refund me my money?

Leonard R. Boyer
Leonard R. Boyer answered on May 17, 2020

The refund should be made promptly, if you provided proper written notice of the cancellation. It is extremely rare for a home improvement contact to be legally valid in the State of New Jersey. You should discuss this situation with an experienced civil litigation attorney. With state-of-the-art... Read more »

2 Answers | Asked in Business Law and Copyright for New Jersey on
Q: If I purchase a design from online, would I be able to use that design on my own product to sell?

I want to start a small embroidery business and a common way to make designs is to buy them off of sellers on etsy. Would I be able to sell products with their designs?

Leonard R. Boyer
Leonard R. Boyer answered on May 7, 2020

You would need a license to avoid copyright infringement.

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3 Answers | Asked in Business Formation, Business Law and Trademark for New Jersey on
Q: What are the steps to ensure my business name is secure?

I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?

Leonard R. Boyer
Leonard R. Boyer answered on May 6, 2020

You are going to need to retain an experienced law firm that practices all aspects of Intellectual Property and corporate structures so that all aspects of your business and your assets are safe and secure.

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2 Answers | Asked in Divorce for New Jersey on
Q: My wife and I divorced after 30 years. We had an insurance policy where I am the beneficery. Company says they can't pay

me because it's not in the divorce decree so I'm no longer the beneficiary. Is this true or can something be done?

Leonard R. Boyer
Leonard R. Boyer answered on May 5, 2020

Nothing can be determined without a review of the divorce decree and a copy of the policy.

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2 Answers | Asked in Consumer Law for New Jersey on
Q: negotiated online To buy a car with a specific vin# day I was to go to dealer to sign deal I was told car not available

Dealer said the vehicle had “ thousands of extras added” . They said they would try to find another car.

Leonard R. Boyer
Leonard R. Boyer answered on May 2, 2020

Since there was no signed formal contract and you did not pay for the vehicle, there was nothing to prevent the dealer from selling it to anyone else. This is a common practice among car dealers, which is completely legal. Realistically, whenever you go to purchase a car, or any other vehicle, do... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: I’m here with 0-1 visa ! I applied for an unemployment weekly benefits!! And I got my first payment!

Getting the payment and apply for an unemployment can affect me getting a new working visa in the future??

Thank you

Leonard R. Boyer
Leonard R. Boyer answered on Apr 30, 2020

Yes, that could negatively affect your obtaining a work visa.

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