Discharging Personal Income Taxes in Bankruptcy: An Overview
The Internal Revenue Service (“IRS”) is the 100 pound gorilla in the room when it comes to filing for bankruptcy, because with limited exceptions income tax debts are not dischargeable in bankruptcy. The purpose of this post is to review the limited exceptions that enable individuals to discharge federal and state income taxes in Chapter 7, Cha...
Federal Court Rejects False Statement Claim Against NJ Debt Collection Law Firm
In a precedential opinion issued on June 30, 2015, the United States Court of Appeals for the Third Circuit affirmed the lower court's dismissal of a putative class action complaint filed by a consumer against a law firm and its client for allegedly violating a provision of the Fair Debt Collection Practices Act ("FDCPA") that prohibits a debt coll...
NJ Appellate Court Holds That Law Firm’s Subsequent Mortgage Lien has Priority Over Factoring Company’s Earlier Recorded Mortgage Providing for Optional Advances
It's the rare occasion that a prior recorded mortgage is held to be inferior to a subsequently recorded mortgage. But that was the ruling by the New Jersey Appellate Division in a decision published on June 17, 2015. Rosenthal & Rosenthal vs. Riker, Danzig, Sherer, Hyland & Peretti, L.L.P., (Docket No. A-2890-13T3 (App. Div. 2015). This...
Gaining The Upper Hand In Probate Litigation: Pre-Trial Motion Shifting The Burden Of Proof On An Undue Influence Claim
Practitioners are constantly searching for ways to gain an advantage over their adversary. In estate litigation involving undue influence claims, one tactic rarely employed is filing a pre-trial motion for partial summary judgment shifting the burden of proof to the proponent of the disputed Will or gift to prove that the bequest or transfer ...
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