Enforcing Arbitration Agreements New Jersey Supreme Court In a 5-1 majority decision, the New Jersey Supreme Court in Dever v. Sanford Brown Institute (075074) (A-31-14)(June 14, 2016) handed consumers a victory by declining to enforce the provision of an arbitration agreement involving the claims of two disgruntled students who had enrolled i...
In a published decision issued on May 13, 2016, the New Jersey Appellate Division affirmed a Bergen County Chancery judge's summary judgment ruling declaring that a $900,000 transfer made by a father to his son's business constituted an investment, not a gift. In the Matter of the Estate of Byung-Tae-Oh, Superior Court of New Jersey, Appellate Div...
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...
In this post we examine the statute of limitations applied to a bankruptcy trustee's ability to pursue fraudulent asset transfer claims also known as "clawback" claims. (This is distinct from preferential payments received by a creditor within 90 days of the debtor's bankruptcy filing - a time period where the law presumes the debtor to be insolv...
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