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I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... View More 
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answered on Apr 1, 2021
I would never advise any client, ever to set up a Sub-Chapter S corporation. It offers no benefit to anyone other than the accountant who probably set it up for you. You need to have a strategy session with an experienced Bankruptcy attorney. You are not going to be able to purchase a new house at... View More
Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... View More
answered on Mar 31, 2021
You should confirm whether your marriage in India is a valid marriage. You can contact an attorney in India or the Indian consulate nearest you to verify the validity of your marriage.
Once you confirm that your marriage is in fact valid and lawful then you can present that information at... View More
My lease ends 6/30/21. I just received my renewal form from my complex with a $58 increase. I've been here 6 years rent has never been late, and never had complaints on me. The increase has always been 20/year until 2020 when they felt in the middle of Covid it was ok to raise it to 35/year... View More
answered on Mar 24, 2021
The answer depends upon whether or not the municipality in which you reside has some sort of rent stabilization or rent control ordinanc. I suggest you call legal aid in the county where you reside to discuss the issues.,
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?
answered on Mar 24, 2021
She would have to provide her documents to a bankruptcy attorney to get the best answer. She most likely could file a chapter 13 to protect the assets which is a repayment plan over 3 to 5 years based on her income. She may even be able to file a chapter 7 to wipe out the excessive debt and still... View More
if another employee tested positive for covid and the doctor advised to stay home for 10 days after exposure.
answered on Mar 23, 2021
The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.
how do i find out if there was a judgement against me? I did not receive anything and the auction sale was 11/2018
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answered on Mar 17, 2021
The mortgage company has a substantial amount of time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney to eliminate this problem for you. If the property sold at sheriff sale for less than what is owed (a virtual certainty in 2018) then there is a... View More
To add - I am currently on a month-to-month lease while actively searching for a new home to purchase (first time). I have been "reasonable" with my landlord in showing the unit, but I feel that they are intruding more than is absolutely essential. What are my rights in this situation?
answered on Mar 11, 2021
All leases in NJ whether written or oral, are deemed to have included the right of the tenant to quiet enjoyment. This means, among other things, that no one has a right to enter your premises without your permission. The exception to this is the right of the landlord to enter in case of an... View More
refuses to leave or pay rent. Has used cocaine about three times in past 10 days.
answered on Mar 4, 2021
You are entitled to quiet enjoyment of the premises. The use of marijuana in the premises is a violation of your lease. The landlord needs to take action to ensure that you have quiet enjoyment of your premises. Pursuant to the memorandum of the Administrative Office of the Courts in July, 2020,... View More
We have a month-to-month rental agreement and have been looking around, but there are no apartments or homes available within 15 miles for a rental. We have 2 teens in High School + a Special Needs child in Elementary.
We literally have nowhere to go without leaving the area and causing... View More
answered on Mar 4, 2021
Presently, there is a stay of evictions signed by Governor Murphy under Executive Order 106 on March 19, 2020 as a result of the pandemic. The stay of evictions was recently extended by Governor Murphy and also by the federal government under the Biden administration. The CDC guidelines reference... View More
my fiance found a plastic pellet gun down the cushion of a chair in the resort and casino room that we were staying in, he took it to security who called the local cops who arrested him charged him w certain person and possession, the casino took his photo and banned him then security came up to... View More
answered on Feb 18, 2021
The only answer is to retain a lawyer. Recent orders from the NJ Supreme Court could permit his release while he waits trial. While his case is serious, the possibility exists of a jury aquital.
I am still in the process of trying to find somewhere for my family to move to but it isn’t easy trying to find somewhere to rent right now. Can a landlord who sold the property give you a notice to quit and still kick you out after 60 days right now?
answered on Feb 4, 2021
Do did not indicate if you had a written lease. If there is a written lease, the terms of the lease control. If no written lease, the Landlord must conform to NJ statutes concerning eviction. The Landlord can not resort to self help. He must follow the procedures set out in detail in the statutes.... View More
I have a tenant in NJ who will NOT pay rent and knows he can get away with it for the time being due to covid.
Since his lease is month to month, am I able to sell the house to my son, and have the police forcefully remove him after a 2 week notice? I understand there MUST be a reasonable... View More
answered on Feb 3, 2021
No. That doesn't work. You still have to go to court. Your son could evict once he owns the property saying that he owns it and wants to live in an apartment. This is not a compelling argument for most judges at this time.
Is there a way to break a lease because we're not feeling safe anymore in a residence where we believe there's a failure to enforce covid19 rules?
answered on Jan 31, 2021
Present the Landlord with a written demand for proactive steps for Covid 19 protection. Include in the demand a list of specific deficiencies. Set a reasonable dates for commencement and completion of the required repairs which must be done by licensed contractors. If the Landlord refuses, you have... View More
My dad changed the code to get into the house because he wants us to leave.
We’re both fully employed and are working towards moving, but need time to get out.
We never signed any legal lease/rental agreement or any other legal document detailing rent or leasing.
We do... View More
answered on Jan 26, 2021
Self help by a Landlord to cause an eviction of tenants is not permissible in NJ. In order to evict a tenant. a Landlord must follow the requirements specifically set forth in New Jersey statutes. To evict a tenant , the Landlord must file a complaint in court.
He did Not quarantine, and said he got a 24hr test done at a place I know does not offer that service. Only 2-4 days due to it being a public testing facility. Also a few people also became ill immediately after his arrival.
answered on Jan 24, 2021
You can sue anyone, but can you prove that you got covid from him and not someone else such as when you wen to the supermarket for food. This would be the defense your employer would probably assert. Not that you shouldn't try and you may also be entitled to workers compensation insurance.... View More
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answered on Jan 14, 2021
Where you were married and where your wife lives are irrelevant to obtaining a divorce in New Jersey. If you meet New Jersey's residence rule. If she cannot be located, then service by publication is required. But that is not a problem. But, you must retain an experienced matrimonial attorney... View More
I know the trustee was asking for a consent order for adequate protection payments for months..i been in bankruptcy for about 5 months why would the timetable have to be reset
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answered on Jan 11, 2021
I do not know whether or not you are represented by an experienced Bankruptcy attorney, or not, but if you are, then all your questions need to be directed to the attorney. Otherwise, you must retain counsel and have a document review and discussion of your present situation in order to provide... View More
Look like you can afford $550 a month I need the room back; he is using COVID-19 law as an excuse. And I never mentioned eviction or filed one What can I do? I real want him out mainly because of the smoking that was clearly stated on the agreement not to do. Do we as landlord have any rights with... View More
answered on Jan 7, 2021
The Court strictly follows the required statutory procedure for complaints filed seeking eviction of a tenant. To avoid having a case dismissed for failure to satisfy the statutory requirements merely prolongs your problems. My best advise is you retainan attorney to represent you in this matter.
My concert was initially postponed, then canceled several months later. During a dispute with my credit card company (goods/services not received), the third-party ticket company sent me documents/evidence that assured me that I would get a full refund if the concert got canceled. (By the way, this... View More
answered on Jan 5, 2021
You may file a complaint against the company if it was doing business in your state. Each state has different jurisdictional limits as to which court you file a complaint. Call your county court and speak to he administator's office to determine in which to file the complaint and the fees... View More
Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.
My income is close to zero. He... View More
answered on Jan 4, 2021
The real issue is whether your ex's income setting was impacted by Covid or whether he was claiming his income setting could not support his alimony obligation prior to Covid. If he was claiming to be unable to pay the amount of alimony owed in 2019, then the question is what took place... View More
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