Chapter 13 Bankruptcy—The Basics
Getting a Fresh Start Through a Reorganization Plan
One of the most devastating impacts of the pandemic has been its effect on businesses and workers. If you’ve been furloughed or permanently lost your job, and you’re struggling to make ends meet, you may be considering bankruptcy as a way to find relief from creditors and get your finances in order. To permanently discharge your debts through a Chapter 7 bankruptcy filing, you must pass a “means test.” If you don’t qualify for Chapter 7 relief, your remaining option is a reorganization or restructuring of your debt under Chapter 13. Here’s what that looks like.
An Overview of Chapter 13
When you file for protection under Chapter 13, you have the opportunity to work with your creditors to establish new payment arrangements. An automatic stay goes into effect immediately when you file your bankruptcy petition, which means you won’t receive any more phone calls or letters from debt collectors and won’t have to worry about creditors filing legal action against you.
You and your attorney will identify all your outstanding debts and put together a proposed plan for repaying your creditors over a three-to-five-year period. Often, when negotiating new payment arrangements, you can get a creditor to waive prior late fees and penalties.
The proposed plan must be submitted to and approved by your creditors and the bankruptcy court. If approved and put into action, a Chapter 13 petition provides the protection of the automatic stay for the full three-to-five-year repayment period, provided you honor your agreements. As an bonus, in a Chapter 13 filing, you don’t have to turn over any property to the bankruptcy court. You can keep everything.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Chapter 7 Bankruptcy—The Basics
How You May Be Able to Permanently Discharge Debt in Bankruptcy
The pandemic has had a devastating impact on many Americans. If you are one of the many who’s lost your job or seen your small business take a hit, you may be struggling to meet your day-to-day obligations. By filing bankruptcy under Chapter 7, you can permanently rid yourself of some of your debts, but there’s a trade off. Furthermore, under bankruptcy rules, you must qualify before you can liquidate debt in Chapter 7. Here’s how it works.
Under Chapter 7, you can wipe out certain debts in exchange for transferring some of your property to the bankruptcy trustee. That property is then sold, and the proceeds are distributed to your creditors. Some debts, such as alimony and child support, cannot be discharged in bankruptcy. Additionally, student loans and past-due taxes can be discharged only in rare circumstances.
You won’t lose all your property. Exemptions under both state and federal law allow you to keep some personal property and a certain amount of equity in real property. You must choose the exemptions allowed by state law or federal law—you cannot pick and choose from both.
Before you can file for Chapter 7 bankruptcy protection, you must pass a “means test”in which you show the bankruptcy court that you lack the resources to repay creditors over a three-to-five-year period. If you fail the means test, your only option for personal bankruptcy is to reorganize your debts under Chapter 13. However, whether you file under Chapter 7 or Chapter 13, you’ll immediately receive the benefit of the automatic stay, which prohibits creditors from calling, writing, or otherwise attempting to collect a debt except through the bankruptcy process
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Filing a Lawsuit for Injuries Suffered in a Motor Vehicle Accident
The Process—What Happens After Discovery
In our last blog, we took a look at the steps necessary to initiate a lawsuit—the filing of a complaint and an answer. We also briefly discussed the discovery process, where the parties seek to gather all evidence that might potentially be used at trial. To understand what happens next in the legal process, we need to talk just a little bit more about discovery.
In the American legal system, we adhere to the principle of “open discovery,” which means that all the evidence available to one party must also be available to other parties. This principle stems from the belief that the most just result comes when parties prepare their cases with knowledge of all the relevant facts.
One of the key components of discovery is the deposition. At a deposition, a witness is sworn in and can be asked questions by attorneys for all parties. A court reporter commits the testimony to writing, and the deposition also can be videotaped. During the deposition, though, the rules of evidence that apply in court are not followed. Accordingly, lawyers may ask questions that typically are not allowed in front of a jury. If opposing counsel objects, the objection and the grounds must be stated for the record. However, the witness may still answer the question. Because the deposition is closed, there’s no risk the objectionable testimony will be heard by the jury.
If the same testimony were elicited at trial, though, it could be problematic. Even though a judge can instruct a jury to disregard testimony that violates the rules of evidence, the damage may already be done, as the jury has heard (and can’t “unhear”) the evidence. Accordingly, once discovery is complete, the court will schedule a hearing to rule on the admissibility of potentially objectionable evidence before the trial begins. If an attorney subsequently introduces evidence that the court has ruled inadmissible, it may be grounds for a mistrial or even sanctions against the attorney.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Recovering Compensation for Motor Vehicle Accident Injuries
Taking Legal Action to Cover Your Losses After a Wreck
When you’re injured in a collision caused by someone else’s negligence, one of the first things you do is contact your insurance company. In New Jersey, one of the states that follow “no-fault” principles, you must start with your insurer. Sometimes, though, your insurance isn’t enough to cover all your losses. If you need to file a lawsuit to seek a full recovery, how does that work?
The Statute of Limitations
To initiate legal action, your lawyer files a legal document called a complaint. Specific court rules set forth where that complaint must be filed, when it must be filed, and who must receive a copy. One of the most important rules is the statute of limitations, which requires that you file your complaint within a certain period of time after the accident. The statute of limitations is intended to ensure that claims are decided before evidence is lost or the memories of witnesses fade. It also means that potential defendants don’t have to live in perpetual fear of being sued.
The Early Stages of a Lawsuit
Once you properly file your complaint, the alleged wrongdoer (the “defendant”) has a specific period of time to submit an “answer” admitting or denying the allegations in your complaint. The court then typically schedules its first conference with attorneys and parties in order to learn the basic facts of the case. You also should expect that during this conference, the judge will put pressure on you to settle the case, if possible.
Assuming you don’t settle, the court will set a timetable for “discovery,” a process in which both parties gather evidence. Once the discovery period is completed, the court will hold hearings to determine whether the evidence gathered is admissible and whether the case can be resolved without going to trial.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Challenging a Field Sobriety Test in New Jersey
Can You Contest a Drunk-Driving Charge Based on the Results of a Field Sobriety Test?
If police pull you over in New Jersey, particularly after dark, don’t be surprised if the officer’s first question is “Have you been drinking?” New Jersey law enforcement officers take drinking and driving seriously and make such inquiries a routine part of a traffic stop. If you’ve had a beer after work or with dinner and truthfully answer in the affirmative, the officer may then ask you to step out of the vehicle and submit to a field sobriety test. Based on observations made during that test, you might be asked to take a blood alcohol test
As a general rule, there are three common field sobriety tests administered by New Jersey police officers
- The one-leg stand—This test requires that you start with your feet and arms together by your side. When the officer asks, you must raise your leg and hold it in the air for 30 seconds.
- The walk-and-turn—The walk-and-turn tests your balance, requiring that you walk forward heel-to-toe in a straight line, turn 180 degrees, and walk back to the starting point heel-to-toe. Typically, the officer first demonstrates how you should do this.
- The horizontal gaze nystagmus—With this test, the officer holds an object, such as a pen or flashlight, in front of your eyes and asks you to follow the object’s movements left and right. A sudden and involuntary jerking of the eyes, known as a nystagmus, is believed to indicate high blood alcohol content.
All these field sobriety tests have been successfully challenged in New Jersey courts. The one-leg stand is estimated to be unreliable in more than a third of all cases. The walk-and-turn is equally unreliable, and the horizontal gaze nystagmus is currently not admissible in drunk-driving prosecutions in New Jersey
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment
Accidents Involving Uninsured Motorists in New Jersey
Where to Seek Recovery When the At-Fault Party is Uninsured
When you’re hurt in a motor vehicle accident, your first priority should be your health. Once you receive the medical attention you need, take steps to protect your legal and financial interests.
Under New Jersey’s no-fault motor vehicle insurance law, you first look to your own insurance company rather than file a claim with the at-fault party’s insurer. If your injuries or losses exceed the coverage amounts of your policy, then you can look to the other driver’s insurer for compensation. What happens, though, if the other driver has no insurance (in violation of state law) or is underinsured? Are you simply out of luck?
There are other potential avenues of recovery in the aftermath of an automobile accident:
- Uninsured/underinsured motorist coverage—You may have a rider on your insurance policy that provides some level of coverage if the at-fault driver is uninsured or underinsured. Typically, it’s not a standard clause but an additional provision that comes with an additional cost. Don’t expect your insurance company to tell you about it, though. Your insurer has a vested interest in minimizing any payout to you.
- Dram shop liability—Businesses that provide alcohol, such as bars, restaurants, taverns, and even liquor stores, may be liable if an intoxicated person causes a motor vehicle accident
- The at-fault party’s employer—If the other driver was working at the time of the crash, and the travel was in the course of employment, the employer may be liable.
- Product liability—If the accident was caused by a vehicle defect or malfunction of a part (tire, brakes, steering wheel, etc.), you may have a claim against the designer, manufacturer, and/or distributor.
- Roadway defects—You may have a claim against the local government if your accident was caused by poor roadway maintenance or a defect in the road, though bringing such claims can be a fairly complex process.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Implied Consent to Testing During a New Jersey DUI/DWI Stop
Can You Legally Refuse to Submit to a Blood Alcohol Test?
Often, when you are pulled over by police, one of the first questions they ask is whether you’ve been drinking. If you have, and you answer truthfully, they then will ask you to take a blood alcohol test, the results of which can be used against you in a DWI/DUI prosecution. Can you legally decline the officer’s request to submit to a breath test? Is there downside to refusing to take a blood alcohol test?
Like most other states, New Jersey applies the legal concept of implied consent when determining whether a person can refuse to take a blood alcohol test. Under the principle of implied consent, the act of operating a motor vehicle in the state of New Jersey constitutes the driver’s consent to undergo a breath test if requested by a police officer. You can legally say no, but there are consequences.
If you choose not to submit to a breath test, your case will automatically go to a magistrate, who will consider the evidence to determine whether all of the following facts can be proven:
- There was probable cause to believe that you were intoxicated or under the influence of drugs while driving;
- You were pulled over and arrested for impaired driving;
- The arresting officer requested that you take a breath test;
- The officer notified you of the potential consequences of declining the breath test; and
- You opted not to take the breath test.
If those facts can be shown, your license will be revoked immediately for a period of time from seven months to ten years, depending on the number of prior DWI or refusal convictions. You also may incur fines up to $1,000.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. AttorneyMark Cintronis a former prosecutor with extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. We currently are available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Immediate Concerns after a Slip-and-Fall in New Jersey
When Must You Take Legal Action? What If You Were Partially to Blame for the Accident?
In New Jersey, as in other states, property owners and managers have a duty to anyone legally on the premises to monitor and maintain the building and grounds so as to minimize the risk of accident and injury. If you’ve been hurt in a slip-and-fall on wet floors, icy pavement, broken steps, or other unsafe property condition, you may have a legitimate claim for damages. There are, however, a couple of issues you need to consider first.
You Must File Your Legal Claim in a Timely Manner
There’s a window within which any claim for damages must be filed with the court. It’s governed by a law known as the “statute of limitations.” In New Jersey, unless the defendant is a government entity, you must file your lawsuit within two years of the date of the injury. If the slip-and-fall happened on state or local property, you must file your claim within 90 days of the accident. There are limited situations where the statute of limitations may be suspended, such as when the nature of an injury makes it impossible to discover for some period of time.
You Must Determine the Extent to Which You Caused the Slip-and-Fall
It’s not uncommon for both parties to have some degree of responsibility for causing an accident. You might slip on a wet floor while running in an enclosed space when there are signs advising against such conduct. In New Jersey, courts follow the principle of “modified comparative negligence.” The court will determine the degree to which both parties are responsible. If the plaintiff (the injured party) is more than 50% liable, there will be no recovery. If the plaintiff is less than 50% liable, his or her damage award is reduced by the determined degree of liability.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Residential Eviction in New Jersey
The Notice Required to Terminate a Lease and Remove a Tenant
If you’re a landlord, a great concern is that you’ll need to evict a tenant for some reason. There’s good news and bad news. The good news—eviction rates tend to be pretty low. One study found that roughly one of every 20 tenants engages in actions that warrant eviction. The bad news—when you have to do it, it’s almost always messy.
In New Jersey, you must have a legal reason to initiate eviction proceedings against a residential tenant. Of course, if the lease has expired and you’ve given the tenant notice to vacate, that’s a legal reason. If, however, you seek to terminate the lease before its stated end date, you must have cause.
Common reasons for eviction include these:
- Non-payment of rent
- Participation in or commission of an illegal act on the premises
- Violation of the terms of the lease
Is Notice Required to Initiate an Eviction Proceeding?
Notice generally is required to instigate an eviction action in New Jersey, with one notable exception—if the tenant fails to pay rent in a timely manner, no notice is required. If the rent is late, the landlord may simply file the eviction action in court, effectively terminating the lease. However, the landlord must not have established a past pattern of consistently accepting late payments.
In some situations, the landlord needs to give the tenant only three days’ notice to vacate the premises. Typically, this occurs when there has been destruction of or damage to the leased property, assaults or threats to the landlord, disorderly conduct, or illegal drug activity in the apartment. The three-day notice does not include an opportunity for the tenant to remedy the situation. It merely notifies the tenant that the lease will be terminated and gives the tenant three days to clean out and vacate the apartment.
In other situations, a landlord must give a tenant 30 days’ notice to quit. This typically is used when rent payments are consistently late, or when the tenant has repeatedly violated the terms of the lease.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
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