Author: focusworks

  • How To Recognize the Signs of Domestic Violence

    human trafficking,domestic violence rapeDomestic violence can affect people from all backgrounds, genders, and walks of life.

    According to the National Coalition Against Domestic Violence, approximately 10 million men and women are victims of domestic violence in the United States each year. That equates to approximately 20 people per minute. Whether you’re a victim yourself or suspect someone you know is dealing with this important issue, it’s vital to know the signs of domestic violence to get the help needed.

    In addition to legal intervention and counseling, you may also need the help of a domestic violence attorney in New Jersey like Goodgold West & Bennett LLC, to help you with your case.

    Signs of Domestic Violence

    Not all domestic violence is physical. The most common signs include violence, aggression, and signs of controlling behavior shown toward a current or former intimate partner or a household member.

    While women are more commonly victims of domestic abuse, it can also affect men.

    Domestic violence signs aren’t always obvious, so it’s important to know what to look for. The issue doesn’t just affect spouses, either. Many elderly adults are victims of domestic violence from their adult children, other household members, or care providers.

    Not only is domestic violence prohibited by federal law, but it’s also illegal in New Jersey. Consider hiring a Millburn family law attorney if you need assistance.

    Some of the physical signs of domestic violence to recognize are the following –

    • Visible bruises, cuts, or broken bones resulting from a fight or scuffle
    • Threats against a partner or household member with a weapon
    • Punching, slapping, kicking, biting, or pulling hair
    • Physically holding someone against their will
    • Destroying or damaging someone’s vehicle, home, or personal belongings

    You can also recognize domestic violence signs in psychological and emotional aspects, including:

    • Stalking either in person, over the phone, or via the Internet
    • Financial abuse, such as restricting access to money or identity theft
    • Extreme jealousy and possessive behavior
    • Embarrassing a partner or family member in public using insults or other cruel behavior
    • Anger issues, such as a volatile personality and frequent outbursts

    If you or you know someone dealing with domestic violence at home, it’s important to have an escape plan. Always call 911 or go to the nearest police station if you or someone are in immediate danger, and take your children and/or any pets with you.

    If you’re not currently in immediate danger, contacting resources that can offer help is vital. Those who are afraid of their spouse or another household member are likely already being victimized. The sooner you can get help and develop a viable plan.

    Friends and family members of domestic violence victims can also seek help for their loved ones. Talk to your friend or family member and express your concerns. Come up with a safety plan including:

    • Offering resources about where the person can get help for domestic violence
    • Discuss where the victim will go in the event of an emergency
    • Agree on how and where the person can obtain emergency funds
    • Give the victim a list of trusted people they can reach out to if they need help

    Seek a Domestic Violence Attorney in New Jersey for Help

    If you or someone you know is a victim of domestic abuse, hiring a domestic violence attorney in New Jersey is a smart first step.

    At Goodgold West & Bennett LLC, we specialize in family law, including cases related to domestic violence. Whether you’re dealing with harassment, assault, criminal mischief, or any other form of aggressive behavior inflicted by a partner, spouse, or family member, we can help. Our extensive experience obtaining temporary and permanent restraining orders can help protect you against further violence.

    As a highly experienced Millburn family law attorney firm, we try cases on behalf of men and women who have been victims of domestic violence. We also defend those who are accused of committing domestic violence. Our team has years of experience representing victims of domestic violence from all backgrounds in courts throughout New Jersey.

    If you’re a domestic violence victim or you know someone who is, it’s important to seek legal help as soon as possible. Be sure to contact Goodgold West & Bennett LLC for a consultation today.

  • Is It Too Late for a Post-Nuptial Agreement?

    legal document postnuptial agreement on paper with penAlthough many couples pursue pre-nuptial agreements to divide assets and legally settle other arrangements, it’s (almost) never too late to solidify “who gets what” in the event of a divorce on a legal document. Since it’s a legal document, you’ll want a Millburn family law attorney if you live in the Millburn, NJ region.

    Post-nuptial Agreements are a popular activity for married couples who may want to either update a pre-nuptial agreement or create a document outlining their agreed division of assets in the event of divorce without a pre-nuptial agreement in place.

    If you or your spouse are seeking qualified legal representation in NJ for a post-nuptial, don’t hesitate to call Goodgold West & Bennett LLC, one of the best Millburn family attorneys.

    It’s Not Too Late for a Post-Nuptial Agreement

    When it comes to a post-nuptial agreement in NJ, the law permits any married couple in the state of New Jersey to file for a post-nuptial agreement as long as they meet several requirements. Both spouses must enter a post-nuptial agreement freely of their own accord. They also both require legal counsel for the post-nuptial agreement to be valid.

    Additionally, both spouses must fully disclose their assets in order for the agreement to hold up in divorce court if the marriage ends. A post-nuptial agreement must also have fair and equitable terms, or it may not be approved.

    Why Would a Couple Seek a Post-Nuptial Agreement?

    Couples don’t always opt for a post-nuptial agreement because of problems. Even a blissfully married couple who can’t imagine divorce may choose to get a post-nuptial agreement because of some other reason.

    Often, couples will get a post-nuptial agreement when they’ve had a change in circumstances that drastically affects how they would like to divide assets and tackle other aspects of a divorce.

    Sometimes, after couples have children, they may want to update the post-nuptial agreement to reflect their wishes regarding custody distribution or childcare arrangements in the event of divorce.

    Other times, when the couple’s financial situation changes through one spouse stepping away from the workforce or the other spouse experiencing a salary increase, a post-nuptial agreement may be an important update to a pre-nuptial agreement.

    How Can a Millburn Family Law Attorney Help You?

    Talking about money, assets, wills, and divorce as a married couple can be difficult for even the healthiest, strongest relationships. When couples decide to put a post-nuptial agreement in place, they experience marital problems and want to protect themselves from a murky, messy divorce process.

    Your attorney can play a large role in helping you decide on a post-nuptial agreement and advocating for your interests in the process. An attorney can also help navigate these difficult conversations and keep the discussions focused on the task rather than unproductive tangents. They can also inform your options.

    Unfortunately, some may challenge this kind of agreement in divorce proceedings if it is not handled properly from the start. One spouse may challenge a post-nuptial agreement during the divorce.

    If you are the spouse challenging the agreement, an attorney is a vital advocate to have in your corner. If you are defending the standing agreement, then an attorney is equally important in ensuring that your wishes are respected. The spouse challenging the post-nuptial agreement is more likely to be successful in going against the post-nuptial agreement if the agreement fails to satisfy all of the legal requirements in the first place.

    Naturally, the best way to ensure that the post-nuptial agreement will hold up under the scrutiny of a divorce court judge is by enlisting qualified, experienced legal counsel from the very beginning of the process.

    That is why both spouses must involve qualified legal counsel to assist them with a post-nuptial agreement. An investment in a strong legal team now can prevent losing costly battles down the road if the marriage ends.

    While the post-nuptial process can be an emotional, difficult journey, we’re here to help you every step of the way. Seek help from Goodgold West & Bennett LLC today for legal counsel on your post-nuptial agreement and more.

  • Chapter 7 Bankruptcy

    chapter 7 bankruptcy petition and glassesIf you are wondering what is Chapter 7 bankruptcy, it is known as straight or liquidation bankruptcy, a common form of bankruptcy. It is available to individuals who cannot make regular monthly payments to pay off their debts.

    If you are a business owner, you can file for Chapter 7 bankruptcy as well. The purpose of Chapter 7 bankruptcy is to provide debt relief, whether debtors are solvent or insolvent.

    Benefits of Chapter 7 Bankruptcy

    Here are the advantages of Chapter 7 Bankruptcy you should know about:

    Possibility to Get Rid of Unlimited Debt

    There is no debt limit, which makes it different from Chapter 13, setting limits on secured and unsecured debt. With Chapter 7 Bankruptcy, you can get rid of most consumer debt, including personal loans, credit cards, medical bills, and other types of debt, whether your debt is hundreds or thousands of hundreds.

    You Don’t Have to Deal With Creditors

    Since you can discharge your debt completely, you do not have to deal with creditors. They will not bother you because the judge will implement an automatic stay on creditors once the bankruptcy is filed. As a result, creditors cannot bother you anymore by calling you day and night.

    You Can Keep Your Home

    If you are late with your mortgage payments, you can still stay in your house by filing for Chapter 7 bankruptcy. It does not erase your mortgage debt, but you will be given extra time to manage your finances before a foreclosure filing.

    Chapter 7 Bankruptcy is Fast

    One of the main advantages of this bankruptcy process is that it is fast. It allows you to become debt-free within 100 days. Unlike Chapter 13, you do not have to repay debt for years. As a result, instead of digging the hole deeper, you have a chance to improve your financial situation.

    Court Appearance Might Not Be Required

    In most cases, Chapter 7 bankruptcy does not require a meeting with a bankruptcy judge or court appearances. It allows you to save time and makes the entire bankruptcy process less stressful.

    How To File Chapter 7 Bankruptcy?

    If you are thinking of filing Chapter 7 Bankruptcy, there are certain steps you need to take:

    • Attend counseling. The first step is getting counseling from an approved credit counseling agency. You can do it online or over the phone. You must do counseling within days of filing.
    • Filing forms.When preparing the forms, you need to list creditors, property, exemptions, recent transactions, and other information regarding your finances. Keep in mind that you will have to pay a filing fee. However, depending on your income, there is an option to request a fee waiver.
    • Sending verification documents to your bankruptcy trustee.Your bankruptcy trustee will need to verify your bankruptcy forms, including your tax returns, bank statements, business documents, and paychecks.
    • Attending creditor meetings.The purpose of this meeting is to discuss your paperwork and financial situation and answer important questions.
    • Attending budget counseling. It is the second meeting with an approved counseling agency. It is also important not to forget to submit the certificate of completion to the court. If you do not submit it, the court may close your case.
    • Waiting for a discharge notice. Usually, people receive a discharge notice within 60-75 days after a creditor meeting.

    How Can a Chapter 7 Attorney Help?

    Managing the bankruptcy process alone is very stressful and complicated, and in most cases, people need legal assistance to make the process smoother and to avoid critical mistakes. A qualified Chapter 7 attorney will determine whether you qualify for Chapter 7, help you ensure that all your debts are accounted for in your filing, and assist you with filing forms.

    The mission of a bankruptcy lawyer is to review your financial situation and advise on the best course of action. By working with a lawyer, you may find that you do not even need to file for bankruptcy to receive debt relief.

    We Can Be Your Bankruptcy Attorney in Millburn, NJ

    Goodgold West & Bennett LLC is a law firm with over 150 years of combined legal experience. Our experienced lawyers specialize in NJ bankruptcy and are ready to help if you file for bankruptcy.

    Our law firm counsels our clients on the available options and helps them achieve a fresh start after applying for bankruptcy. If you have any questions or want to schedule the initial consultation with a Millburn bankruptcy attorney, do not hesitate to contact our law firm today.

  • How To Protect Professional Licenses for Industry Workers

    smiling confident businessman wearing glasses signing contract at group negotiationsIf you’re an industry professional with a certification or license, you know how important it is to stay in good standing with your state’s professional board. The suspension or revocation of your NJ professional license isn’t simply a hurdle or challenge. It can mean the loss of your career and your income.

    For doctors, nurses, hair stylists, beauty industry professionals, and other industry workers, an investigation into one’s New Jersey professional license can be stressful and complicated. Fortunately, there are steps you can take to protect yourself and your license from unwarranted investigations and possible suspensions.

    Asking for—a professional licensed defense attorney near me— who has previously successfully defended professionals in licensing investigations is a good step to protecting yourself is to work. An attorney can navigate the process and find gaps in the investigation so that you come out of it successfully and with your career intact.

    Challenges to Professional Licenses

    Licensing investigations are initiated for a wide range of reasons.

    An unhappy customer could make an unfounded complaint to the licensing board. A disgruntled former employee or coworker could file an inaccurate report. Even simple miscommunication can lead to a report being made.

    The licensing board’s job is to protect consumers and industry professionals. It’s their responsibility to investigate complaints, reports, and alleged crimes. Even though you believe the allegations are false or unsubstantiated, the licensing board has to investigate the claims as if they may be true.

    The investigation can be stressful and difficult to navigate. You may be temporarily suspended from working while the investigation is ongoing. You may feel embarrassed around coworkers. You could suffer reputational harm and potentially lose business because of the investigation.

    Unfortunately, many of these outcomes are simply the reality of being under investigation by a licensing board. That’s why it’s critical to act quickly and find a successful resolution to the investigation as soon as possible.

    Professional License Protection

    The good news is that you can prevent licensing investigations and minimize the potential damage. Here are a few tips to consider:

    Communicate with clients and customers to prevent issue escalation. Misunderstandings happen in every business, and things go wrong sometimes—happens. Try to resolve this before the issue gets escalated to a licensing board.

    In some instances, reaching a compromise or other agreement is impossible. As soon as you are at an impasse and it becomes possible that the issue could escalate to a licensing board, it’s time to end the conversation and take on a more defensive stance.

    Don’t say anything more than you need to. Don’t answer questions from police or licensing investigators without a lawyer present. If you are asked questions, state that you understand there is an investigation, assert your innocence, and your attorney will handle all questions.

    You can hold anything you say against you during the investigation. Don’t risk a mistake by saying too much. Don’t say anything at all so your attorney can make a full defense on your behalf.

    You Might Need a Professional License Defense Attorney

    Perhaps the biggest thing you can do to protect yourself is work with an attorney experienced in professional licensing investigations. An experienced attorney can conduct a full investigation and defense on your behalf.

    For example, the attorney may discover inconsistencies in witness statements. They could find gaps in the investigative process that can be challenged and provide counter-evidence that acquits you from charges. Most importantly, they can prevent you from making statements or mistakes that worsen the situation.

    Are you facing a license investigation? Work with an attorney, so you get the right outcome. Contact Goodgold West & Bennett LLC today to defend your professional license. We can help you reach a successful outcome to continue your career.

  • RJB Firm Award Announcement Distinguishe Service Award

    Our firm is proud to announce that our partner, Robert J. Brass, Esq., was awarded the New Jersey State Bar Association’s Distinguished Service Award for Excellence in Continuing Legal Education, at a reception at the New Jersey State Bar Association Law Center, in New Brunswick, on Monday evening, September 12, 2022.

    The award is presented to attorneys and judges who volunteer their time and expertise to teach their colleagues in the profession; and, are the lifeblood of the New Jersey Institute for Continuing Legal Education, which is part of the State Bar Association.

    Bob Brass is a longtime ambassador for NJICLE, having organized and spoken at more than 40 programs since 1995, for NJICLE and at the NJ State Bar Association’s Annual and Mid-Year Meetings, including presentations in Paris, Rome, Madrid, Dublin, New Orleans, Las Vegas and Atlantic City.

    Bob is the program moderator and coordinator for the annual “Criminal Law Institute,” a program that has attracted over 150 criminal law practitioners.

    Bob is a former NJSBA Trustee, a past chair of the Criminal Law Section and a long-time active member of the NJSBA through his service in other capacities

  • Domestic Violence: Different Types of Restraining Orders in NJ

    young woman subjecting to violence at homeIf abuse is involved in a relationship, it is definitely an important part of the criminal charges that may result. The attorneys at Goodgold West & Bennett LLC can help you to understand how the abuse might play into your case.

    In many cases, abuse will result in filing a restraining order. There are different types of restraining orders in NJ. The type of restraining order you may have filed against your ex will be a significant piece of evidence when you finally go to court. A criminal defense attorney in Millburn can help you better understand the many details that will play a part in a court case.

    This quick guide will help you better understand the differences between the types of restraining orders in NJ. Keep reading to learn more.

    document with the name restraining orderTemporary Restraining Order NJ

    When someone is feeling threatened, harassed, or abused, the first legal step is often to file for a temporary restraining order. These are also sometimes called temporary ex-parte restraining orders. These can be issued immediately.

    A judge will usually issue such an order when evidence proves that someone’s life, health, or well-being is endangered.

    This type of restraining order will last until the first hearing for a final restraining order. This can often happen in as soon as 10 days. Whether or not a final restraining order is issued will depend on the information provided to the judge at the hearing.

    Even if you cannot physically be present in court, a judge may still be able to use a final restraining order. This can be done if you provide sworn testimony. Sworn testimony is provided by someone who represents you.

    This is often done if you are physically or mentally incapable of coming. If you seek help from criminal defense attorneys in Millburn NJ, this will be important information to provide to them.

    Final Restraining Order NJ

    Once your case has gone to a hearing, both parties involved can tell their side of the story when evidence and testimony are presented to the judge. A criminal defense attorney must have all the significant evidence concerning your case before this hearing. After reviewing all the evidence, a judge will make a final decision concerning the restraining order.

    The final restraining order does not have an end date. This means that it could last forever. The only way a final restraining order can be canceled only if one of the parties files a motion.

    The purpose of this motion is to request that the judge put an end to the restraining order. The motion could also request that modifications be made to the order. A cancelation or a modification will only be done if the judge decides that all parties involved will be safe with the new orders.

    Get an Immediate Protection

    If you feel that your life is being threatened and you need immediate protection, it is crucial that you call 911. The police will be able to provide you with temporary protection until the proper legal actions can take place. If you have reached the police for protection, be sure you get documentation of the event to provide to your criminal defense attorney.

    Goodgold West & Bennett LLC is a full-service law firm with combined legal expertise of more than 150 years. We have a broad experience in various practice are including cases of domestic violence. Contact us today and get the protection you need against violence.

  • Divorce and Technology

    angry couple thoughtful upset man and woman separated by wall tasting each other on mobile phoneWe rely on technology for just about everything. We need our tech for work, school, socializing, shopping, and pretty much anything you can think of. In fact, today, you can handle all of your day-to-day living activities from home if you want to. Despite all of the benefits, there is a downside to tech.

    Tech can also make it easier to invade people’s privacy, harass them, and do other things to cause them pain and suffering. It can even make legal proceedings such as divorce much more complicated, or it can be helpful during a divorce.

    The attorneys at Goodgold West & Bennett LLC are here to provide you with information on how to manage your divorce. This quick guide will help you better understand how tech can be used for good and bad during your divorce.

    divorce agreement decree document break up conceptBenefits Of Tech

    Regardless of all of the negative ways technology can be used,  there are a few benefits to tech during a divorce.

    You can use support group apps to help you find a community of supporters during your divorce. It is very important for your mental health that you feel supported and knows that you are not alone in your struggles. It is often easier to find these supportive communities online than locally.

    You can also find apps and supportive communities to help if you are going to be a single parent following your divorce. A Millburn divorce attorney will have a lot of helpful information as you embark on this new journey.

    Downside of Tech

    Most people who have gone through a divorce will tell you that social media can and will often be used against you during a divorce. Many people wonder if they can use text messages in divorce court. Millburn divorce attorneys can provide you with a clear understanding of just how text messages and social media can be used both in your favor and against you during your divorce.

    It is often recommended to be very careful with how you use social media during your divorce. It is very important to choose what you post about carefully. This can help protect you from an invasion of privacy during divorce.

    Many people also blame technology, cell phones, and the internet for contributing to the weakening or destruction of their marriages. The divorce rate due to cell phones is on the rise. As more and more spouses use cell phones and tech to participate in inappropriate behavior or activities online. Online activities that often weaken or destroy marriages include viewing porn, communicating with extramarital partners, flirting online, and gambling online.

    Your Tech Activities and Divorce Proceedings

    It is best to keep your online activities above board both before, during, and after your divorce. The best way to ensure that people do not have ammunition to use against you is to never provide the ammunition in the first place. Make an effort to keep your online and real-life activities wholesome and beyond question.

    This is always the best way to simplify your life and make it easier to answer for your actions.

    If you have participated in unsavory behaviors online and your spouse has proof of these activities, you will want to talk with a divorce attorney to find out how to minimize the damage.

    If harmless online activities are being misconstrued to hurt you during your divorce, a knowledgeable divorce attorney will be able to fight for you.

    A divorce is one of the most stressful things you’ll ever go through. There are a few ways you can make this experience less horrible with the contributing impact of technology.

    Watch your behavior online. If you do not want your ex to have harmful information to use against you in court, then you should make sure that your behavior both online and in real life is above accusation. You should put aside any feelings of revenge during your divorce so that this legal proceeding can be resolved quickly and peacefully. If you are in need of a divorce attorney, please contact Goodgold West & Bennett LLC.

  • Chapter 13 Eligibility in New Jersey

    chapter 13 bankruptcy petition and bookChapter 13 bankruptcy is available for those who have exhausted all other options available and meet the requirements with an understanding of the repayment. If you are a New Jersey resident and you are having issues with your finances, filing Chapter 13 for bankruptcy may be an option you need to explore.

    With the help of bankruptcy attorneys in Millburn NJ, you can get access to the most accurate information and legal counsel to help guide you through this process.  Let Goodgold West & Bennett LLC assist you with your questions.

    bankruptcy chapter 13 conceptWhat is Chapter 13?

    Chapter 13 refers to a federal repayment plan regulated at both the state and federal levels. There are rules and regulations put in place for the parties declaring bankruptcy, the creditors involved, and how to establish the repayment plan.

    Based on considered priority and non-priority, it may require you to pay back some or all of your debt. In order to know what truly qualifies, you will need to have your debt and assets reviewed by a Millburn bankruptcy lawyer to prepare you for the plan.

    Not everyone is eligible for Chapter 13 of bankruptcy, so you need to review the eligibility requirements first.

    Am I eligible?

    If you are pursuing Chapter 13, you need to first make sure you meet eligibility requirements. This includes the following:

    • An individual US citizen
    • Must be self-employed or operating an unincorporated business
    • Meet secured and unsecured debt requirements

    Maximum Unsecured Debts

    In order to be eligible, the total amount of your unsecured debts must be equal to or less than $465,275.

    Unsecured debt refers to your credit card debt, medical bills that are outstanding, bank loans, memberships, and any other debt you have acquired without having to provide any type of collateral for that credit. A Millburn bankruptcy lawyer can help you determine if you have unsecured debts if you are not sure.

    Maximum Secured Debts

    If you have posted collateral for some of your debt, that amount cannot be greater than $1,395,875 in total.

    Secured debt refers to loans or liens given based on a property to assure the value of the loan. This will include things like your financed vehicle loans, mortgage, and other properties. With the help of a Millburn bankruptcy attorney, you can get the total value of your secured debt to make sure you meet requirements.

    Current Income Taxes

    Before you can file for Chapter 13 and get approval, your current tax status will need a review.

    Any taxes considered delinquent will be open for review and access during the process. Your priority taxes, based on your income will need payment first. An experienced Millburn NJ Chapter 13 bankruptcy attorney can explain in-depth based on your personal tax situation.

    For example, non-priority taxes consist of those that are not required to get paid right away and may not be part of your Chapter 13 repayment plan. It includes the following:

    1. Any due income taxes due three years or older prior to your filing date for bankruptcy
    2. Filed taxes with your income at the gross level
    3. A taxing agent reviewed the tax prior to 240 days before the filing of the bankruptcy

    Below are priority taxes guaranteed to your repayment plan.

    1. Taxes from trust funds
    2. Any sales taxes paid by consumers
    3. Employment taxes related to you or your business
    4. Tax refunds sent in error
    5. Tax liens that were in place prior to the chapter 13 bankruptcy

    If you are not sure if your taxes fall into one of these categories, a Millburn Chapter 13 bankruptcy lawyer can help you determine what actually qualifies.

    At Goodgold West & Bennett LLC, you can expect to receive top-tier knowledge from our bankruptcy lawyers in Millburn NJ. We have years of experience helping other residents just like you get through Chapter 13 and make it as easy as possible. If you would like more information, contact us today for a free consultation.

  • How Chapter 11 Bankruptcy Uses Reorganization to Help Businesses with Debt

    bankruptcy law book in the hands of a jurist

    Businesses that reach a point of filing for bankruptcy can testify about the challenging circumstances that precede such a difficult decision. The federal bankruptcy code sets out the stipulations for bankruptcy filing for individuals struggling with debt.

    Similarly, Chapter 11 Bankruptcy Millburn NJ, also sets out procedures for struggling businesses, offering such businesses a reprieve to reorganize and restructure their business debts. Noteworthy to point out that Chapter 11 has differences and similarities to Chapter 7 and Chapter 13 for a bankruptcy filing.

    Suppose you are a business owner within the Millburn area. In that case, bankruptcy lawyers in Millburn NJ can advise you on the applicable differences in Chapter 11 bankruptcy laws before you file for bankruptcy. Goodgold West & Bennett LLC attorneys can guide business owners on the requisite process for a bankruptcy filing under Chapter 11. Read on about the eligibility for Chapter 11 bankruptcy, the procedure, and how to file for bankruptcy.

    stack of papers about chapter 11 bankruptcy and glassesWhat is Chapter 11 Bankruptcy?

    Chapter 11 bankruptcy is a “reorgan

    ization” law that allows businesses to restructure debts and plan for debt payment arrangements while maintaining ownership of their businesses. Individuals can also qualify for Chapter 11 to process an orderly liquidation of assets.

    Chapter 11 bankruptcy offers a better bargain for business owners to avoid severe alternatives of complete business closure and liquidation of assets. Business owners may apply to restructure their finances to save their businesses from total collapse if they do not qualify for a bankruptcy filing under Chapters 7 and 13.

    All bankruptcy proceedings have non-dischargeable and dischargeable debts. Bankruptcy attorneys in Millburn NJ can advise you on how Chapter 11 can be applicable to reorganize mortgages and other liabilities where a debtor does not qualify for Chapter 7 and 13 bankruptcy filing.

    Filing under Chapter 11 initiates an “automatic stay,” which halts the collection of debts until the formulation and confirmation of the repayment plan. Proceedings for filing under Chapter 11 are tedious, time- consuming and expensive.

    Business owners intending to file should engage an experienced Millburn bankruptcy lawyer to discuss the rules and requirements to ensure a successful plan to repay their debts. Attorneys at Goodgold West & Bennett LLC Law Firm offer professional legal services and guidance to clients in Millburn, NJ, and surrounding locations.

    Eligibility and Requirements for Filing for Chapter 11 in New Jersey

    The “debtors in possession,” who are business owners, are the ones who file for Chapter 11. Occasionally, business creditors may file bankruptcy petitions when businesses can no longer cover their debts.

    Individuals are also eligible for Chapter 11, although procedurally, it is cost-effective for individuals to pursue the bankruptcy process through Chapter 13.

    Several requirements are necessary for businesses and individuals opting for Chapter 11 filing:

    1. Fees: The current cost for Chapter 11 is $1,720 for filing and other applicable miscellaneous fees.
    2. Credit Counseling: Similar to Chapters 7 and 13, a debtor in possession has to attend a credit counseling program within 180 days before filing for bankruptcy and show the developed repayment plan.
    3. Payment Plan: Debtors in possession have to show the plan for debt repayment or declare an intention for the same according to the rules under Chapter 11.
    4. Disclosure Statement: A disclosure statement is mandatory and needs filing with the court during the application process. The disclosure should indicate the businesses’ assets, liabilities, and proposed plans to allow the creditors to make an informed decision about the stated proposals.

    The Disclosure Statement in Chapter 11 Bankruptcy Filing in NJ

    A Millburn NJ Chapter 11 bankruptcy attorney can testify how crucial the disclosure statement is under Chapter 11. An inaccurate disclosure statement can result in a dismissed application. The disclosure statement should include:

    • The business description
    • Financial information of the business/individual
    • The repayment plan

    Other requirements for review under the submitted financial information include:

    • Statements on insider transactions
    • Analysis of the consequences of liquidating business assets
    • Disclosure of all professional fees paid
    • The applicable tax chargeable

    Do you Need Help Filing for Chapter 11 Bankruptcy in NJ?

    A Millburn bankruptcy attorney can assist you in filing for Chapter 11 bankruptcy and give your business a reprieve to avoid asset liquidation. Suppose you need legal services and advice within Millburn and the surrounding location.

    In that case, it is essential that you speak to an experienced Millburn Chapter 11 bankruptcy lawyer to offer you the proper guidance and explain to you your options as a debtor in possession seeking bankruptcy under Chapter 11 of the bankruptcy code.

    For all queries and guidance on filing for Chapter 11 bankruptcy, contact experienced bankruptcy attorneys in Millburn, NJ at Goodgold West & Bennett LLC or call us at 973-544-0800 to speak to one of our attorneys or to schedule an appointment.

  • MANAGING MEMBER PARTICIPATING IN WEBINAR ON COLLECTION LAW

    Jonathan GoodgoldManaging Member, Jonathan S. Goodgold, Esq. will be presenting as part of the National Business Institute’s April 8, 2022 webinar entitled Collection Law From Start to Finish—New Jersey Guide. Jonathan will be speaking on pre-suit collection strategies, the Fair Debt Collections Practices Act (FDCPA) and on collection litigation. Jonathan is a repeat speaker for NBI on topics relating to collection.

    Jonathan is a business lawyer through and through and is a go to resource for other law firms and business owners. Leading the firm’s collection work in all areas and industries allows Jonathan to directly counsel business owners and their operations personnel on the most important item of business, the bottom line.

    Jonathan can be reached at (973) 544-0800 ext. 104 or via email at jsg@mmgbblaw.com