Our firm concentrates in Chapter 7 and Chapter 13 Bankruptcy. The first steps of the process are essentially the same for these. In both cases, the proceeding is initiated by the filing of the Bankruptcy Petition and Schedules with the U.S. Bankruptcy Court. After a meeting with William S. Wolfson, together we gather all of the information and documentation that we need from you in order to draft the petition. Before the petition can be filed, you must complete the first of two required credit counseling courses. This can be done online and takes about an hour for each.
REAL ESTATE FORECLOSURE
A mortgage foreclosure is a law suit filed in the New Jersey Superior Court asking the Court for the legal right to have real property (whether a home, commercial property or vacant land) auctioned off to the highest bidder by the county sheriff. Home owners who face a mortgage foreclosure are given special protections under the law. New Jersey has a group of laws called the Fair Foreclosure Act. It applies only to mortgages taken out by home owners. We advise and assist both individuals and businesses with commercial and residential foreclosure litigation.
We represent creditors in and out of Bankruptcy court and in the New Jersey Superior Courts. We counsel and represent individuals and businesses that are experiencing financial difficulties, as well as creditors of troubled individuals and businesses, with such things as:
- Collecting judgments
- Investigating and looking for hidden assets
- Recovering money transferred fraudulently to avoid paying debts
- Protection of assets from future liabilities
- Negotiation of workouts of defaulted obligations for lenders and borrowers
- Lawsuits involving preferences, fraudulent transfers, dischargeability of debts and disputes that arise out of commercial, real estate, or probate matters
- State Court insolvency proceedings
- Bidding and purchasing of assets and real estate from bankruptcy estates and other liquidation proceedings
LANDLORD TENANT LAW
Our law firm represents residential and commercial landlords and tenants. We prepare leases, defend and prosecute eviction cases, deal with disputes over leases and also help both landlords and tenants in the State and Bankruptcy Courts.
CONDOMINIUM ASSOCIATION REPRESENTATION
We represent condominium associations and condominium owners in and out of Bankruptcy Court. We are privileged to represent condominium associations over periods of many years. Due to the long-term nature of this attorney-client relationship, we can offer special rates for your association.
We review and enforce by-laws, collect unpaid condominium fees, and handle disputes over repairs and maintenance, as well as internal association disputes. We seek solutions that are both cost-effective and fair, knowing that association members and governing boards have a common interest in keeping their legal expenses down to a minimum.
For attorneys who represent associations but are not familiar with the bankruptcy issues surrounding condominium association membership, we can work with regular association counsel to protect the interests of the association when the unit owner or homeowner files a bankruptcy. Not all dues and maintenance fees are lost after a bankruptcy filing.
We litigate cases involving real estate disputes, such as disputes over contracts. While we do not handle residential real estate closings, we are pleased to refer this work to other attorneys. We will assist our clients in commercial real estate sales, purchases and refinancing.
No attorney is knowledgeable in every area of the law. We believe that the clients who seek our advice should have the best available counsel, with the most experience in an area where we do not have sufficient experience. For these reasons, we maintain a referral network of attorneys with special skills in construction litigation, representing both general and sub-contractors. We work with counsel who frequently litigate the particular issues related to the New Jersey Construction Lien Law.
If you have questions in any of these areas, we can represent you or assist you in selecting other qualified counsel.
BUSINESS ORGANIZATION & DISPUTES
We work closely with accountants and other business advisors to come up with creative, cost-effective solutions to business problems and to help our clients turn opportunities into profits.
Corporations and Limited Liability Companies must maintain and complete the necessary filings with the State in order to maintain the protection of limited liability. Often, this is a function that can be performed by the corporate officers with minimal attorney assistance.
We encourage the cost savings of self-help wherever possible, but offer expertise in more complex areas such as:
- Drafting, reviewing and counseling on agreements and contracts necessary to protect, promote, and grow businesses. We draft agreements that define the role of each member of partnerships, limited liability companies, and corporations.
- Structuring business transactions to minimize the risk of the insolvency of other parties
- Application and litigation of the Uniform Commercial Code
Protecting business owners when a partnership or other venture suddenly ends
- Recovering goods or obtaining payments for products sold within twenty days of a bankruptcy filing to otherwise “good” customers of manufacturing clients