Revisiting the Standards to Dismiss a Complaint in Federal Court for Failure to State a Claim
In this post we explore the standards that govern motions to dismiss a federal court complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). Particular emphasis is placed on decisions issued by the United States Supreme Court, and the U.S. Court of Appeals for the Third Circuit which includes the United States District Cour...
NJ Ethics Case Against Facebook ‘Friending’ Lawyers Can Proceed
Facebook Ethics Case NJ
In a novel ruling, the New Jersey Supreme Court unanimously declared that the Director of the Office of Attorney Ethics (OAE) is authorized to proceed with the prosecution of an ethics grievance against two New Jersey lawyers who caused a paralegal to 'friend" an adverse litigant on Facebook for the purpose of gathering der...
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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Dismissal or Conversion of a Bad Faith Chapter 13 Bankruptcy Case
Bad Faith Chapter 13 Bankruptcy NJ
Much to your surprise, someone you loaned a substantial amount of money to just filed for Chapter 13 bankruptcy protection and didn't even give you the courtesy of a phone call in advance. You receive a notice in the mail from the bankruptcy court informing you of the filing. Your only proof of the debt is a sign...