New Jersey Municipalities Face Tough Choices Ahead With Recreational Marijuana
If Governor Elect Philip Murphy keeps his campaign promise, he will be signing a bill legalizing the use, production and sale of recreational marijuana within the first 100 days of his administration. The passage of this law will force municipalities throughout New Jersey to make some tough decisions. Do they embrace the tax and other economic ...
Residential Real Estate Contract Can Be Cancelled By Email and Fax, Says NJ Supreme Court
As technology changes the law must adapt. The New Jersey Supreme Court now recognizes that email and fax are each acceptable means of terminating a residential real estate contract within the 3-day attorney review period. Conley v. Guerrero (A-65-16)(April 6, 2017).
In Conley the New Jersey Supreme Court had to revisit its earlier precedent establ...
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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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...
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