Category: Uncategorized

  • 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