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Questions Answered by Leonard R. Boyer
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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5 Answers | Asked in Bankruptcy for New Jersey on
Q: Do i need to disclose my Snap Benefits when I am filing for Bankruptcy.

I’m getting help through legal aid but the assistant that is helping me Asks me repeatedly for my snap amount and if I’m receiving any type of gov’t assistance and today I received a monthly expenses sheet to fill out and it seems she added a question herself which states amount I spend on... Read more »

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

When you file for bankruptcy, all your income and expenses, assets and liabilities must be disclosed.

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: I own a home with mom that pasted away and have a mortgage. I have 4 siblings that won’t let me rent out the apt

I can’t afford the mortgage by myself. I have a sibling that lives There and pays nothing. Now that my mom is gone refuses to pay anything.

Leonard R. Boyer
Leonard R. Boyer answered on Apr 29, 2020

I am sorry to learn of your Mom's passing. I know exactly what you went through. What you are going to need to do to solve this problem is to bring a partition action to enable a sale of the property. If your mom past without a will then you will need a Probate attorney in addition to a civil... Read more »

2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Leonard R. Boyer
Leonard R. Boyer answered on Apr 27, 2020

Motions are not usually won or lost on oral argument. You need to retain an experienced GA mortgage foreclosure defense attorney to represent you. You are emotionally involved and trying to go up against the experienced attorneys for Chase and or their servicer SPS would be a grave mistake. From... Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: My boyfriend and I are getting married. He is a US Citizen and I have Daca

He’s an NYC police officer. I work in a hospital and going to school for Nursing I also have 2 US children from a previous relationship does that affect our case in any way?

Leonard R. Boyer
Leonard R. Boyer answered on Apr 26, 2020

This is not a complex case, but like any other immigration matter, you really need to be represented by an attorney.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Can my daughter buy my foreclosed home in New Jersey that now is bank owned
Leonard R. Boyer
Leonard R. Boyer answered on Apr 18, 2020

The property will be sold at sheriff sale, when it is scheduled for sale. There is no way of knowing who will be able to purchase the property, but what you also need to know is that you really need to file a Chapter 7 Bankruptcy to eliminate this debt and others. Right now with state of the art... Read more »

3 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for New Jersey on
Q: Can a co-signer restart the statue of limitations for the borrower on an old debt by entering into a repayment agreement
Leonard R. Boyer
Leonard R. Boyer answered on Apr 15, 2020

Yes, by doing so the Statute of Limitations is reactivated.

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1 Answer | Asked in Uncategorized for New Jersey on
Q: What caused your choice of a career in law
Leonard R. Boyer
Leonard R. Boyer answered on Apr 14, 2020

I choose a career in law because I was not cut out to be a doctor. It is also the most appropriate profession for me as a person.

3 Answers | Asked in Family Law for New Jersey on
Q: Mom is denying parenting time from dad due to virus because mom has asthma. Can father win if he files emergency motion?

Can one parent deny the other parent parenting time because of the virus if the other parent has been acting responsibly?

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

There is an insufficient factual basis to determine the answer to your question. You really need to have a virtual consultation with an experienced NJ matrimonial attorney. I have asthma and underlying health conditions, but I take the proper precautions and I am able to handle a great deal of... Read more »

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Mortgage company sent letter approving modification foreclosure needs to be formally discharged do I need lawyer

Do I need a lawyer if my mortgage company accepted the terms for a loan modification but they foreclosure has yet to be formally discharged

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

Yes you should retain counsel to examine everything. Mortgage companies typically do a trial modification prior to granting a permanent modification. So retaining an experienced mortgage foreclosure defense attorney to review everything and make certain that this matter is resolved properly is an... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I lost a bill from an auto lender that is vital to my court case. Is there a way of getting them to send another?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 12, 2020

You really need to retain an experienced civil litigation attorney to represent you, otherwise you will be at an extreme disadvantage. If it was your insurance company, then contact them and request it.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: what's NJ's initial tax authorization notice? I didn't as for escrow account for property tax or proper insurance.

what's NJ's initial tax authorization notice? I didn't ask for escrow account for property tax or proper insurance.

Leonard R. Boyer
Leonard R. Boyer answered on Apr 12, 2020

Use of initial tax authorization notice (a) An Initial Tax Authorization Notice (ME-1) shall be used by all mortgagees, servicing organizations, or property tax processing organizations establishing or maintaining mortgage escrow accounts as the initial authorization by a mortgagor to the tax. You... Read more »

4 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: In New Jersey, will I be able to keep stimulus check 2020? I'm disabled on SSI and SSD and will be filing chapter 7.

I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another... Read more »

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

No one here can provide a precise answer to your questions, and despite the COVID-19 pandemic you can still send your bankruptcy information packet to the attorney. Your bankruptcy cannot start until your attorney files the petition with the Court, which can be done electronically. Since you have... Read more »

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