Remove that 2nd Mortgage Legally

By |2013-03-20T17:19:42+00:00March 20th, 2013|Bankruptcy|

An interesting feature of filing a Chapter 13 Bankruptcy is the fact that you can “strip off” or remove that 2nd or 3rd Mortgage (or Home Equity Loan), if the 1st Mortgage is more than the your home is worth, is that fact that you can do the same thing with a piece of property [...]

Expunge Your Record

By |2013-03-20T17:18:47+00:00March 20th, 2013|Criminal Court|

Do you have a criminal record, or have you ever been arrested for a minor incident? Did you know that you can have these records removed from the system. The following is a list of offenses that are not expungeable (removeable from your record.) Records of conviction for the following crimes specified in the New [...]

Special Needs DSM-IV vs. DSM-V

By |2013-03-20T17:18:06+00:00March 20th, 2013|Special Needs Law|

DSM-IV is being phased out over the next year, and the DSM-V will take its place. One of the major issues to be faced with the new DSM, is the fact that the new DSM is going to effectively dismiss any diagnosis of Asberger's or PDD-NOS. While this is of grave concern, please remember that [...]

Cell Phone Users: New Fines and Points?

By |2013-03-20T17:17:26+00:00March 20th, 2013|Municipal Court|

Please note that this Bill has passed BOTH houses of the New Jersey Legistlature and is awaiting being signed into law.  It was passed May 13, 2013.   The New Jersey Law Journal reports that S-69, was recently released from the Senate Law and Public Safety Committee and sent to the Senate Budget and Appropriations [...]

Appellate Court Rules in Seat Belt Issue

By |2013-03-20T17:14:50+00:00March 20th, 2013|Municipal Court|

Failing to wear seat belts can support a criminal conviction in New Jersey if accompanied by aggravating factors, a state appeals court held on Monday. The Appellate Division, in State v. Lenihan, A-4667-10, found that a violation of the Passenger Automobile Seat Belt Usage Act of 1984, which made seat belts mandatory, can serve as [...]

Federal Court of Appeals Rules on Protecting Rights of Students with Disabilities

By |2017-08-31T20:42:41+00:00March 20th, 2013|Special Needs Law|

In a groundbreaking decision, the U.S. Court of Appeals for the Third Circuit upheld the rights of students with disabilities to a free and appropriate public education. The September 12, 2012, ruling reversed a New Jersey District Court dismissal of a lawsuit seeking to obtain compensatory education for a student with disabilities who was denied [...]

Are DMV surcharges dischargeable?

By |2013-03-20T17:13:29+00:00March 20th, 2013|Bankruptcy, Municipal Court|

There is case law in New Jersey that motor vehicle surcharges are dischargeable in a bankruptcy case. A wonderful opinion written by Judge Morris Stern in the Pulley case. However, a later case found that motor vehicle surcharges when reduced to judgment were statutory in nature. Statutory judgments are generally not dischargeable. In a nutshell, [...]

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