Can an Equal 50% Shareholder in a Closely Held New Jersey Corporation be Oppressed?
New Jersey protects the interest of minority shareholders in closely held corporations under the Oppressed Minority Shareholder Statute, N.J.S.A. 14A:12-7. A "closely held" corporation is one in which there are 25 or less shareholders. N.J.S.A. 14A:12-7(1)(c). Specifically, N.J.S.A. 14A:12-7(1)(c) safeguards minority shareholders from “oppressi...
File Your Federal Income Tax Returns, or no Chapter 7 Bankruptcy for You!
Chapter 7 Bankruptcy and Income Tax Returns Go Hand in Hand
Individuals contemplating filing a Chapter 7 bankruptcy case (also known as a liquidation bankruptcy) who haven't filed a federal income tax return for the past year may have problems. (The Internal Revenue Service website identifies the minimum income requirements that obligate the fil...
When Debtor’s Money is no Longer Debtor’s Money: Sometimes not even Bankruptcy Helps
When does a New Jersey resident lose all right to funds in a bank account levied by a judicial officer on behalf of a judgment creditor?
The answer: "When the Superior Court of New Jersey enters an order compelling the bank to turnover or surrender the funds." If a turnover order is entered before a bankruptcy petition is filed, the debtor ...
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Pre-Bankruptcy Judgments do not Attach to Property Acquired Post-Bankruptcy Discharge
Frequently we receive inquiries from prospective homeowners about clearing judgments discharged in their prior bankruptcy. The question typically arises after a contract of sale has been finalized and attorney review completed. A title company search reveals a prior judgment entered in the Superior Court of New Jersey, but which the client previous...
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