New Jersey Bankruptcy Law
 

Devona Habiburrahman and Mohammed Habiburrahman v. Dorliea H. Wehye, et al.

Tenton, New Jersey personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.

"New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident can be partly responsible for the damages. Here are some key points to understand:

Duty of Care:

Every driver has... More...
   $0 (12-08-2023 - NJ)

John Michael Walsh and Rosemary Joanne Walsh v. Fidelity Title Insurance Company

Trenton, New Jersey bankruptcy lawyer represented Appellants who sued Appellee seeking review of a ruling that the United States Bankruptcy court for the District of New Jersey, case number 19-13567.... More...    $0 (05-11-2021 - NJ)

United States of America v. Purdue Pharm, L.P.

Newark, New Jersey white collar criminal defense lawyers represented Purdue Pharm, L.P., which was charged with conspiracies to defraud the United States by violating the Food, Drug, and Cosmetic Act, and violate the Federal Anti-Kickback Statute.

“Purdue admitted that it marketed and sold its dangerous opioid products to healthcare providers, even though it had reason to believe those p... More...
   $0 (11-24-2020 - NJ)

Alejandro Lupian v. Joseph Cory Holdings, LLC





Alejandro Lupian, Juan Lupian, Isaias Luna, Jose
Reyes, and Efrain Lucatero (collectively, “the Drivers”) are
professional delivery drivers who separately contracted to
provide equipment and services to Joseph Cory Holdings LLC
(“Joseph Cory”), a motor carrier and... More...
   $0 (09-27-2018 - NJ)

Elaine Levins v. Healthcare Revenue Recovery Group, LLC

District of New Jersey Federal Courthouses

In this appeal, we interpret three provisions of the Fair
Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-
1692p. Elaine and William Levins allege that Healthcare
3
Revenue Recovery Group LLC (“HRRG”) violated
§§ 1692e(14), 1692d(6), and 1692e(10) by leaving telephone
voice messages that did not use its true name, did not
meaningfully disclose its identity, a... More...
   $0 (08-23-2018 - NJ)

James L. Joyce v. Maersk Line, Ltd.

District of New Jersey Federal Courthouses

Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer – a contract that includes rates of maintenance, cure, and unearned wages – will not be reviewed piecemeal by courts unless there is evidence of
3
unfairness in the collective bargai... More...
   $0 (12-13-2017 - NJ)

JOSE MENDEZ v. THE UNITED STATES

Plaintiff seeks compensation for work performed as a confidential informant and his suit is founded on allegations of the existence of a contract for the provision of those services. According to plaintiff, the United States agreed to “make a good faith best efforts [sic] to compensate Plaintiff for his services and assistance to the Government.” Am. Compl., ECF No. 57 ¶ 79. Plaintiff contends ... More...    $0 (11-29-2017 - NJ)

United States of America, ex rel. Andre Petras v. Simparel, Inc., et al.

Andre Petras appeals the District Court’s dismissal of
his reverse False Claims Act suit against his former employer,
Simparel, Inc.; David Roth, Simparel’s founder and Chief
Technology Officer; and Ron Grilli, Simparel’s Chief
Executive Officer (collectively, “the Simparel defendants”).2
Petras initially alleged a reverse FCA claim3 and
retaliation claim4 under the False C... More...
   $0 (05-18-2017 - NJ)

Rudolph Laidlow v. Hariton Machinery Company, Inc.

The Workers' Compensation system has been described as an historic "trade-off" whereby employees relinquish their right to pursue common-law remedies in exchange for prompt and automatic entitlement to benefits for work-related injuries. Millison v. E.I. du Pont de Nemours & Co., 101 N.J. 161, 174, 501 A.2d 505 (1985). That characterization is only broadly accurate. In fact, not every worker inj... More...    $0 (02-25-2002 - NJ)

Kevin J. Witasick, Sr. v. Minnesota Mutual Life Insurance Company

A disability policy and a business overhead expense policy issued by Appellee Minnesota Life Insurance Company covered Appellant Kevin Witasick.1 Those policies were later acquired and administered by Appellee Standard Insurance Company. Witasick made claims against both policies, which were honored by the Appellees. A dispute arose, however, concerning the coverage of some of Witasick’s claimed b... More...    $0 (10-02-2015 - NJ)

Andrew Dwyer v. Cynthia A. Cappell

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional... More...    $0 (08-11-2014 - NJ)

In re: PAUL RUITENBERG, III

We decide whether Candace Ruitenberg’s interest in an equitable share of marital property pending her divorce from Paul Ruitenberg, III is a pre-petition “claim” against Paul’s bankruptcy estate. The issue has divided Bankruptcy Courts in our Circuit.

Paul filed for bankruptcy under Chapter 7 of the Bankruptcy Code, and Thomas J. Orr was appointed as the Trustee of the bankruptcy es... More...
   $0 (03-13-2014 - NJ)

State of New Jersey v. Joseph Diorio

In 1999, Joseph Diorio and two others conceived and executed a “bust-out” financial scheme by creating a business for the purpose of defrauding creditors. In a bust-out scheme, a company is formed and establishes a credit line presenting itself to the business community as a reputable company. Initially, it places small orders with suppliers. As it establishes a favorable payment history, the ... More...    $0 (02-18-2014 - NJ)

Robert Simon v. FIA Card Services, N.A.

This appeal arises out of the intersection of the Bankruptcy Code and the Fair Debt Collection Practices Act. The issue is whether a debt collector’s letter and notice requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, can be the basis for ... More...    $0 (10-07-2013 - NJ)

New Jersey Primary Care Association, Inc. v. State of New Jersey Department of Human Services

Under the federal Medicaid statute, 42 U.S.C. § 1396 et seq., states participating in Medicaid and implementing a managed care environment are obligated to make, at least every fourth month, supplemental payments (known as ―wraparound payments‖) to federally-qualified health centers (―FQHCs‖) in an amount equal to the difference between a predetermined rate set by the Medicaid statute mul... More...    $0 (07-09-2013 - NJ)

Dawn Guidotti v. Legal Helpers Debt Resolution, L.L.C. d/k/a The Law Firm of Macey, Aleman, Hyslip and Searns

Dawn Guidotti contracted with several parties to help her negotiate a settlement of her consumer debt. When no settlement materialized, she filed this putative class action against them, claiming that she, and people like her, had been defrauded. The United States District Court for the District of New Jersey granted a motion to compel arbitration as to the claims against most of the defendants, b... More...    $0 (05-28-2013 - NJ)

National Security Systems, Inc. v. Robert L. Iola, Jr.

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...    $0 (11-08-2012 - NJ)

William C. Buchanan v. Jeffrey Leonard

Plaintiff William C. Buchanan (Buchanan) appeals from an order entered by the Law Division on December 16, 2011, which granted a motion by defendants Jeffrey Leonard (Leonard) and Morgan, Melhuish, Arbrutsyn (Morgan Melhuish)1 for summary judgment and dismissed Buchanan's complaint with prejudice. For the reasons that follow, we affirm in part, reverse in part and remand for further proceedings.More...    $0 (10-09-2012 - NJ)

Edie Britman Sauro v. Frank Sauro

The law firm of Budd Larner, P.C. (Budd Larner) was one of three firms that represented plaintiff Edie Britman Sauro during this protracted matrimonial case. Budd Larner now appeals the Family Part's equitable distribution award, arguing that the manner in which the court allocated the parties' marital assets negatively affected the firm's attorney charging lien pursuant to N.J.S.A. 2A:13-5. Speci... More...    $0 (05-14-2012 - NJ)

NAACP of Camden County East v. Foulke Management Corp.

SABATINO, J.A.D.

This appeal concerns the enforceability of arbitration provisions contained in various form documents that a consumer signed in connection with her purchase of a new motor vehicle from a New Jersey dealership. After making her purchase and disputing several charges that the dealership had billed her, the consumer and a local chapter of the National Association for the Advan... More...
   $0 (08-02-2011 - NJ)

Sanford Carter v. Lake Wood of Voorhees d/b/a Lakewood of Voorhees Associates

This is a nursing home negligence action arising from injuries sustained by plaintiff Sanford Canter at the Lakewood of Voorhees Nursing Home, a New Jersey licensed long-term care facility (the nursing home). By leave granted, defendant Seniors Healthcare, Inc. (SHI) appeals from the denial of its motions for partial summary judgment and reconsideration on the issue of whether corporate veil-pierc... More...    $0 (06-28-2011 - NJ)

Patrick Derosa v. Accredited Home Lenders, Inc.

The Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. 34:21-1 to -7 (the New Jersey WARN Act or the Act), generally provides that under certain conditions employees are entitled to notice, or alternatively, severance pay, in the event of a transfer or termination of operations, or a mass layoff by an employer. This appeal requires us to consider the novel question of whether the... More...    $0 (06-14-2011 - NJ)

Hector L. Huertas v. Galaxy Asset Management

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP”) and Applied Card Bank f/k/a Cross Country Bank (“ACB”).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...
   $0 (04-11-2011 - NJ)

Hector L. Huertas v. Galaxy Asset Management

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP”) and Applied Card Bank f/k/a Cross Country Bank (“ACB”).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...
   $0 (04-11-2011 - NJ)

Big M, Inc. v. Texas Roadhouse Holding, L.L.C.

Plaintiff Big M, Inc., t/a Annie Sez, the holder of a judgment against Tiffany Kraus in the amount of $672.22, obtained an order to garnish her wages. At the time, Kraus was employed as a waitress by defendant Texas Roadhouse Holding, LLC. When defendant remitted a single payment of $4.21, plaintiff filed a complaint against defendant seeking the balance due on the judgment. Defendant appeals from... More...    $0 (07-16-2010 - NJ)

Carl J. Mayer v. Bill Belichick; The New England Patriots; National Football League

Plaintiff Carl J. Mayer appeals from the order of the United States District Court for the District of New Jersey granting the respective motions to dismiss filed by Defendants Bill Belichick and the New England Patriots (“Patriots”) as well as by Defendant National Football League (“NFL”). We will affirm.

I.

This highly unusual case was filed by a disappointed football fan a... More...
   $0 (05-27-2010 - NJ)

Marina Stengart v. Loving Care Agency, Inc.

In the past twenty years, businesses and private citizens alike have embraced the use of computers, electronic communication devices, the Internet, and e-mail. As those and other forms of technology evolve, the line separating business from personal activities can easily blur.

In the modern workplace, for example, occasional, personal use of the Internet is commonplace. Yet that simple ac... More...
   $0 (03-30-2010 - NJ)

G-I Holdings, Inc. v. Reliance Insurance Company

G-I Holdings, Inc. (“G-I”)1 purchased from Reliance Insurance Company a policy covering claims made against G-I’s directors and officers between July 1999 and July 2002. Shortly after the policy was issued, Reliance encountered financial difficulties. In the summer of 2000, Hartford Fire Insurance Company2 took over claims administration for Reliance. Hartford also assumed some of Relianceâ€... More...    $0 (12-04-2009 - NJ)

Clarence Ruffin v. Kinder Morgan Liquids Terminal, LLC



In this matter, we review whether judicial estoppel precludes plaintiff's Law Division personal injury action, because he failed to disclose the claim in a previously filed bankruptcy petition. The Law Division dismissed plaintiff's suit, with prejudice. We reverse the December 21, 2007 order because the trial court did not give notice to the Chapter 7 Trustee, who on behalf of plaintiff's... More...
   $0 (01-02-2009 - NJ)

Anna Karolak v. Linin Aravelo, Marcel Paper Mills, Inc. and Utical Mutual Insurance Company


Plaintiff Anna Karolak appeals from an order entered by the trial court on May 11, 2007, which granted summary judgment in favor of defendants Lenin Aravelo and Marcal Paper Mills, Inc. (Marcal). For the reasons that follow, we reverse.

The following facts are taken from the certifications and exhibits submitted to the trial court on the summary judgment motion. This matter arises fr... More...
   $0 (01-08-2009 - NJ)

Donald J. Trump v. Timothy L. O'Brien, time Warner Book Group, Inc. and Warner Books, Inc.

In January 2006, Donald Trump filed suit in the Superior Court of New Jersey, Camden County, against Timothy O'Brien and his publisher, claiming that O'Brien defamed him by reporting, in his 2005 biographical book, TrumpNation, that "[t]hree people with direct knowledge of Donald's finances, people who had worked closely with him for years, told me that they thought his net worth was somewhere bet... More...    $0 (10-24-2008 - NJ)

Fiona Bayne v. Earl Johnson and Carolyn Johnson

Defendant Earl Johnson appeals from a judgment entered in the Family Part in favor of plaintiff Fiona Bayne for $384,000 in damages as palimony and from a separate award of $48,660 against both Earl and his wife, defendant Carolyn Johnson, representing a fifteen percent interest in real property located in North Bergen. Carolyn initially appealed the second portion of the judgment, but that appeal... More...    $0 (10-28-2008 - NJ)

New Jersey Society for the Prevention of Cruelty to Animals, et al. v. New Jersey Department of Agriculture, et al.

In 1996, with little discernable fanfare, the Legislature enacted a new section of the existing statute regulating animal cruelty. Although that statute, since at least 1898, had essentially left animal welfare and the protection of animals to the New Jersey Society for the Prevention of Cruelty to Animals (“NJSPCA”) and its related county organizations, the Legislature decreed that the Depart... More...    $0 (07-30-2008 - NJ)

Rosemary Connell v. Edward Diehl

In this quintessential palimony action, defendant Edward Diehl appeals from a December 6, 2005, judgment in favor of plaintiff Rosemary Connell awarding $107,494.40 in palimony, $70,000 as a return of an inheritance Connell received in 1997 and gave to Diehl and $15,000 in counsel fees, less a partial payment of $36,000 from Diehl to Connell after they separated. Connell cross-appeals f... More...    $0 (01-14-2008 - NJ)

United States of America for the Use and Benefit of E&H Steel Corporation v. C. Pyramid Enterprises, Inc., et al.

In this Miller Act case, we decide that a firm acted as a subcontractor when it supplied fabricated steel to the prime contractor that then used the material to construct the framework for a large Air Force facility. The subcontractor defaulted in payments due the company that it hired to fabricate the steel and deliver it to the construction site. The District Court denied recovery to th... More...    $0 (12-04-2007 - NJ)

HILDA PEREZ, et al. v. RENT-A-CENTER, INC.

Plaintiff Hilda Perez appeals from a summary judgment dismissing her complaint See footnote 1 alleging that her "rent-to-own" contracts with defendant Rent-A-Center, Inc. (defendant or Rent-A-Center) violated the Consumer Fraud Act, N.J.S.A. 56:8-1 to -135, and the Retail Installment Sales Act (RISA), N.J.S.A. 17:16C-1 to -61, because the time-price differential exceeded the 30% per annum... More...    $0 (02-11-2005 - NJ)

FAITH A. WILDE v. JOHN P. O’LEARY, JR., et al.

In this case involving allegations of securities fraud, plaintiff Faith A. Wilde appeals from a grant of summary judgment confirming an arbitration award in favor of defendants. We reverse and remand.

In August 1996, plaintiff, then a thirty-five-year-old widow with two young children, sought advice from defendants, John O'Leary, Jr., and Adam J. Gurien, regarding the investment of ... More...    $0 (02-11-2005 - NJ)

Houbigant, Inc., Establissement Houbigant v. Federal Insurance Company; Fireman's Fund Insurance Companies

Houbigant, Inc. and Establissment Houbigant (collectively, "Houbigant") appeal the district court's order granting Federal Insurance Company's ("Federal") motion for summary judgment and denying Houbigant's cross motion for summary judgment.1 For the reasons discussed below, we will reverse the judgment of the district court and remand for further proceedings consistent with this op... More...    $0 (07-08-2004 - NJ)

Bankruptcy for Tops Applicance City, Inc. v. Congressional Financial Corporation

Donald Biase, trustee in bankruptcy of Tops Appliance City, Inc., brought suit *The Hon. Cynthia H. Hall, Circuit Judge for the United States Court of Appeals for the Ninth Circuit, sitting by designation.

2 against Congress Financial Corporation to recover $10.5 million dollars in payments from Tops to Congress. The Bankruptcy Court granted summary judgment in favor of Congress, ... More...    $0 (06-22-2004 - NJ)

Caption: E. Dickerson & Sons, Inc. et al v. Ernst & Young, LLP

We granted certification in this matter to consider for the first time L. 1995, c. 49, now codified at N.J.S.A. 2A:53A-25, which governs an accountant's liability to third parties for negligence. 178 N.J. 249 (2004). We affirm the decision of the Appellate Division substantially for the reasons stated in Judge Coburn's opinion, E. Dickerson & Son v. Ernst & Young, 361 N.J. Super. 362 (App. Div... More...    $0 (05-11-2004 - NJ)

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