Blog Posts


Imposing Personal Liability on Business Officers and Owners in New Jersey


One of the primary benefits for individuals operating a business under the umbrella of a corporation or limited liability company is avoiding personal liability. As a general matter, “[t]he rule of law that has evolved in New Jersey is that the corporate form as a wholly distinct and separate entity will be upheld.” Coppa v. Taxation Div. Direc...


NJ Supreme Court Denies Legal Fees In Contested Estate Case


In a 5 to 1 decision issued on April 26, 2016, the New Jersey Supreme Court reversed a $397,000 legal fee awarded against the surviving spouse found to have committed undue influence with respect to her late husband's estate to the detriment of the children of his first marriage.  In the Matter of the Estate of Adrien J. Folcher, Case No. 2014-074...


Effect Of Bankruptcy Discharge On Creditor’s Standing To Sue Transferee Under New Jersey’s Fraudulent Transfer Act


Picture this scenario: A debtor transfers his assets to his wife to avoid a creditor's judgment.  The debtor then discharges the creditor's judgment in a chapter 7 Bankruptcy.  Can the creditor independently sue the debtor's wife under New Jersey’s Fraudulent Transfer Act (“NJUFTA”), N.J.S.A. 25:2-20 et seq., to avoid the asset transfer e...


New Jersey Appeals Court Confirms Statute of Limitations In Fraudulent Asset Transfer Claims


In a published decision issued on January 12, 2016, the New Jersey Appellate Division confirmed that the same 4-year statute of limitations period for asserting fraudulent asset transfer claims applies in commercial transactions and tort claims regardless whether or not the creditor has obtained a judgment.  Rosario, et al. vs. Marco Construction ...

Posted by , January 18, 2016 • Collection, Fraud, Litigation, Real Estate

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