To schedule a confidential consultation, call (732) 572-0500
Kenneth Vercammen & Associates, P.C. 2053 Woodbridge Avenue - Edison, NJ 08817


Thursday, April 23, 2015

11 U.S. Code § 547 - Preferences preferential transferes in a bankruptcy case

11 U.S. Code § 547 - Preferences

Current through Pub. L. 113-296, except 113-287113-291113-295. (See Public Laws for the current Congress.)
prev | next
(a) In this section—
(1) “inventory” means personal property leased or furnished, held for sale or lease, or to be furnished under a contract for service, raw materials, work in process, or materials used or consumed in a business, including farm products such as crops or livestock, held for sale or lease;
(2) “new value” means money or money’s worth in goods, services, or new credit, or release by a transferee of property previously transferred to such transferee in a transaction that is neither void nor voidable by the debtor or the trustee under any applicable law, including proceeds of such property, but does not include an obligation substituted for an existing obligation;
(3) “receivable” means right to payment, whether or not such right has been earned by performance; and
(4) a debt for a tax is incurred on the day when such tax is last payable without penalty, including any extension.
(b) Except as provided in subsections (c) and (i) of this section, the trustee may avoid any transfer of an interest of the debtor in property—
(1) to or for the benefit of a creditor;
(2) for or on account of an antecedent debt owed by the debtor before such transfer was made;
(3) made while the debtor was insolvent;
(4) made—
(A) on or within 90 days before the date of the filing of the petition; or
(B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider; and
(5) that enables such creditor to receive more than such creditor would receive if—
(A) the case were a case under chapter 7 of this title;
(B) the transfer had not been made; and

preference in U.S. federal bankruptcy law[7] is a transfer of property by a debtor to its creditor, on account of a pre-existing debt, that is made while the debtor is insolvent[8] and gives the creditor more than it would obtain in a liquidation of the debtor's assets in a bankruptcyproceeding. It is primarily a creature of the U.S. Bankruptcy Code,[9] although some states have similar state laws. If the preferential transaction takes place within a specified period of time before the filing of bankruptcy by or on behalf of the debtor, then the debtor's trustee in bankruptcy is authorized to recover the property preferentially transferred. The mechanism of recovery is the avoidance of the transfer.[10] After such avoidance, the recovered property becomes property of the bankruptcy estate.[11] The period is usually 90 days. However, if the preferential transfer is made to an "insider," then the period is one year. An "insider" is generally a relative or one who has the ability to control the activities of the debtor.[12] The Bankruptcy Code provides some exemptions from these rules to accommodate transfers intended to be contemporaneous, made in the ordinary course of business or to the extent they are made for new value, and others.[13]
All of the following examples assume that the requirements for a preference that are set out above exist at the time the transfer is made.
  • Securing a previously unsecured debt.
  • Substituting property of greater value as security for existing security property whose value is insufficient to completely secure repayment of the debt.
  • Paying some but not all unsecured creditors.
  • In a real estate transaction, delaying the recording of a mortgage for more than 30 days after the debt it secures is created.[14]

KENNETH  VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave.,Edison, NJ 08817
(Phone) 732-572-0500 (Fax)    732-572-0030 website: www.njlaws.com

Tuesday, April 14, 2015

New restrictions on solicitation letters for traffic tickets -AMENDMENTS TO ATTORNEY ADVERTISING GUIDELINE 2

New restrictions on solicitation letters for traffic tickets -AMENDMENTS TO ATTORNEY ADVERTISING GUIDELINE 2
The New Jersey Supreme Court has approved the attached amendments to Attorney Advertising Guideline 2, on the recommendation of the Committee on Attorney Advertising, effective March 1, 2015. The Attorney Advertising Guidelines immediately follow the Rules of Professional Conduct (after the Part I rules) in the Rules of Court. 
Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director
Dated: February 10, 2015
Attorney Advertising Guideline 2
(a) The word "ADVERTISEMENT" required by RPC 7.3(b)(5)(i) [,] at the top of the first page of text of a solicitation letter must be at least two font sizes larger than the largest size used in the advertising text in the body of the letter.
(b) The font size of notices required by RPC 7.3(b)(5)[(ii) and (iii)] (iii) and (iv) must be no smaller than the font size generally used in the advertisement.
(c) The word "ADVERTISEMENT" required by RPC 7.3(b)(5)(i) on the face of the outside of the envelope must be at least one font size larger than the largest font size used on the envelope. If any words on the outside of the envelope are in bold, the word "ADVERTISEMENT" must also be in bold. [Pursuant to Committee Opinion 20, if the envelope contains a message relating to the subject matter of the correspondence to be found inside, the attorney must ensure that the face of the envelope also includes the notices required by RPC 7.3(b)(5)(ii) and (iii).] The envelope shall contain no language other than the lawyer's name, firm, and address; the word "ADVERTISEMENT"; and the recipient's name and address.
Note: Adopted March 2, 2005 to be effective immediately; paragraphs (a) and (c) amended August 14, 2013 to be effective October 1, 2013; paragraphs (a), (b), and (c) amended February 10, 2015 to be effective March 1, 2015.


Read more: http://www.njlawjournal.com/id=1202719652736/Notice-ndash-Amendments-to-Attorney-Advertising-Guideline-2#ixzz3XJW5HrwE

NJ Court filing Fess – ADDITIONAL CLARIFICATION OF CERTAIN RULE 1:43 FEES; PUBLICATION OF FURTHER UPDATED COMPLETE JUDICIARY FEE SCHEDULE

NJ Court filing Fess – ADDITIONAL CLARIFICATION OF CERTAIN RULE 1:43 FEES; PUBLICATION OF FURTHER UPDATED COMPLETE JUDICIARY FEE SCHEDULE 
Rule 1:43 ("Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7"), sets out the schedule of those filing fees and other fees payable to the court that were revised or established as authorized by N.J.S.A. 2B:1-7 (L. 2014, c. 31, § 12), effective November 17, 2014. A December 23, 2014 Notice to the Bar set out, in question and answer format, four specific clarifications as to certain of those fees; that notice also published a full schedule of all court fees. 
This Notice provides five additional clarifications, again in question and answer format. The four clarifications in the prior notice remain applicable. As with the previous notice, the intention in providing this information is to minimize the number of documents submitted with an incorrect fee requiring return and resubmission under Rule 1:5-6(c). 
This Notice also includes a further updated schedule of all court fees, including those not revised by Rule 1:43. This schedule of court fees supersedes the one published with the December 23, 2014 notice. 
The five additional clarifications are as follows:
Question 1: What is the fee for an Answer to a Cross-claim, Answer to a Counterclaim, or Answer to a Third-Party Complaint in the Superior Court?
Answer: Since these Answers are made in response to a new cause of action, there is a fee for filing the responsive pleading to those actions. The fee for each of these document types is $175.00. 
Question 2: What is the fee for an Order to Show Cause with a Verified Complaint?
Answer: The fee is $300.00. Of this, $250 is allocated to the Complaint and $50 is allocated to the Order to Show Cause. In cases, where the complaint has been filed, there is a $50 fee for filing an Order to Show Cause. 
Question 3: What is the fee to file a Warrant of Satisfaction?
Answer: The fee associated with a Warrant of Satisfaction depends upon whether there is a docketed judgment associated with the matter. The fee to file a Warrant of Satisfaction on a case without a docketed judgment is $35.00. The fee to file a Warrant of Satisfaction on a case that has a docketed judgment is $50.00.
Question 4: What is the appropriate fee for a counterclaim, cross claim, claim for contribution, or third party complaint?
Answer: Since these actions institute a new claim against one or more parties, for fee purposes they are treated similarly to complaints. The fee for counterclaims, cross claims, claims for contribution, or third party complaints is $250 if submitted as an independent, responsive pleading in Civil or in General Equity (including Foreclosure). When an answer has been filed and the filing party subsequently seeks to file a counterclaim, cross claim, claim for contribution, or third party complaint in Civil or in General Equity, the filing fee is an additional $75, which represents the differential between the already-paid answer fee of $175 and the initial pleading fee of $250. In Special Civil Part (Small Claims section only), the filing fee for a counterclaim is $30.
Question 5: Where do judgment creditors submit applications for wage executions?
Answer: For a docketed judgment filed on a Law Division Civil Part, Chancery Division Family Part, or Chancery Division General Equity matter, the wage application is to be submitted to the vicinage. For a docketed judgment filed on a Special Civil Part matter, the wage application is to be submitted to the Judgment Processing Services Unit of the Superior Court Clerk's Office.
For questions or concerns regarding this notice, please contact Michelle M. Smith, Clerk of the Superior Court, by telephone at 609-421-6100 or by email at michelle.smith@judiciary.state.nj.us.
Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: February 20, 2015
New Jersey Court Filing Fees
(Schedule Updated as of February 20, 2015)
All Courts
Affixing the seal of the court to any document (N.J.S.A. 22A:2-20; Rule 1:43)$10.00
Certified Copy (N.J.S.A. 22A:2-19; Rule 1:43)$15.00
Copies, Letter Size, per page (N.J.S.A. 47:1A-5(b))$0.05
Copies, Legal Size, per page (N.J.S.A. 47:1A-5(b))$0.07
Exemplification (N.J.S.A. 22A:2-20; Rule 1:43)$50.00
Triple Exemplification (N.J.S.A. 22A:2-20; Rule 1:43)$60.00
Non-Party Notice of Appearance (N.J.S.A. 22A:2-37.1; Rule 1:43)
Civil Part and Superior Court Clerk's Office$50.00
Special Civil Part$30.00
Family- Dissolution and Non-Dissolution (effective 1/16/15) $50.00
Notice of Appeal (Trial Court Copy) (N.J.S.A. 22A:2-20; Rule 1:43)$10.00
Signing and Issuing Subpoena (Trial Courts) (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Subpoena with Seal of the Court (Trial Courts) (N.J.S.A. 22A:2-7; Rule 1:43)$60.00
Recording Instruments not otherwise provided for (N.J.S.A. 22A:2-7; Rule 1:43)$35.00
Substitutions of Attorney
Civil Part and Superior Court Clerk's Office$35.00
Special Civil Part (effective 1/16/15)$35.00
Family- Dissolution and Non-Dissolution (effective 1/16/15) $35.00
Filing by a State of New Jersey Agency (N.J.S.A. 22A:2-22)No Fee
Supreme Court 
Notice of appeal, notice of cross-appeal, notice of petition for certification, notice $250.00
of cross-petition for certification, notice of petition 
for review (N.J.S.A. 22A:2-1; Rule 1:43)
First paper in any motion, petition or application (including an order) not $50.00
in a pending cause or after judgment is entered (N.J.S.A. 22A:2-1; Rule 1:43)
Deposit for costs (Rule 2:12-5; Rule 2:5-2)$300.00
Superior Court, Appellate Division
Notice of appeal, notice of cross-appeal$250.00
(N.J.S.A. 22A:2-1; N.J.S.A. 22A:2-5; Rule 1:43)
First paper in any motion, petition or application (including an order) not $50.00
in a pending cause or after judgment is entered 
(N.J.S.A. 22A:2-1; N.J.S.A. 22A:2-5; Rule 1:43)
Deposit for costs (Rule 2:5-2)$300.00
Superior Court, Clerk's Office
Recording Money Judgment as a Lien in the Civil Judgment and $35.00
Order Docket (N.J.S.A. 22A:2-7; Rule 1:43)
Recording of Foreign Judgment (N.J.S.A. 22A:2-29; Rule 1:43)$35.00
Satisfaction of Judgment or other lien (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Recording assignment, subordination, cancellation, postponement, or $35.00
release of judgment (N.J.S.A. 22A:2-7; Rule 1:43)
Judgment by Confession (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Transcript of Judgment (N.J.S.A. 22A:2-29; Rule 1:43)$35.00
Issuing or recording executions (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Issuing or recording any other documents (N.J.S.A. 22A:2-7; Rule 1:43)$35.00
Recognizance of civil bail (N.J.S.A. 22A:2-7)$5.00
Filing all papers related to civil bail (N.J.S.A. 22A:2-7; Rule 1:43)$30.00
Certificate by the Clerk with Seal of Court (N.J.S.A. 22A:2-20; Rule 1:43)$10.00
Document with Certification (N.J.S.A. 22A:2-19; Rule 1:43)$15.00
Certified Document with Seal of Court (N.J.S.A. 22A:2-19; Rule 1:43)$25.00
Superior Court, Probation Division
Probation Out-of-State Supervision Monthly Fee (Rule 1:43)$25.00
Superior Court, Chancery Division, Family Part
Complaint (first paper) in divorce actions or actions for dissolution $300.00
of a civil union or domestic partnership (N.J.S.A. 22A:2-12; Rule 1:43)
Parent Education Registration (N.J.S.A. 2A:34-12.2)$25.00
First Responsive Pleading (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$175.00
Motion (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$50.00
Order to Show Cause (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$50.00
Motion or Order to Show Cause (Non-Dissolution)No Fee
Post-disposition Application (Non-Dissolution) (Rule 1:43)$25.00
Writ of Execution (N.J.S.A. 22A:2-7)$5.00
Warrant of Satisfaction (N.J.S.A. 22A:2-7)$5.00
Application for Child Support Services (45 CFR 303.2 and N.J.A.C. 10:110-7.1)$6.00
Superior Court, Chancery Division, General Equity
Complaint (first paper) in all actions and $250.00
proceedings (N.J.S.A. 22A:2-12 and -13; Rule 1:43)
Receivership and partition (N.J.S.A. 22A:2-12; Rule 1:43)$250.00
Answer, Notice of Appearance (first paper) (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$175.00
Cross Claim, Counterclaim, or Third Party Complaint (Rule 1:43)$75.00
Amended Answer Containing New Relief (Rule 1:43)$75.00
Motion (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$50.00
Order to Show Cause (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$50.00
Writ (Rule 1:43)$50.00
Assignment (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$35.00
Warrant of Satisfaction (N.J.S.A. 22A:2-20; Rule 1:43)$50.00
Clerk's Certificate of Master's Appointment (N.J.S.A. 22A:2-20; Rule 1:43)$5.00
All other papers and services (minimum) (N.J.S.A. 22A:2-20; Rule 1:43)$35.00
Superior Court, Law Division, Criminal Part
Expungement Application (N.J.S.A. 2C:52-29; 2-25; Rule 1:43)$75.00
Permit to Carry Handgun (N.J.S.A. 2C:58-4; Rule 1:43)$50.00
Municipal Court Appeal (N.J.S.A. 22A: 2-27; Rule 1:43)$100.00
Appeal of denial of permit to purchase handgun or$50.00 
firearms purchaser ID Card (Rule 1:43)
Pretrial Intervention (PTI) Application (N.J.S.A. 2C:43-12g and -13)$75.00
Conditional Discharge (CD) Application (Municipal and Criminal) (N.J.S.A. 2C:36A-1d)$75.00
Conditional Dismissal Application (Municipal and Criminal) (N.J.S.A. 2C:36A-1d)$75.00
Bail, Application to Post or Discharge (N.J.S.A. 22A: 2-29; Rule 1:43)$50.00
Superior Court, Law Division, Civil Part
Complaint (first paper by plaintiff), including in Multicounty$250.00
litigation (N.J.S.A. 22A:2-6; Rule 1:43)
Complaint Contesting Election (N.J.S.A. 19:29-2; Rule 1:43)$250.00
Appeal to Law Division (Civil Part) from Inferior Court or $250.00
Tribunal (N.J.S.A. 22A:2-27; Rule 1:43) 
Answer or First paper of any person other than the plaintiff, $175.00
Motion (first paper), including in Multicounty 
Litigation (N.J.S.A. 22A:2-6; Rule 1:43)
Cross Claim, Counterclaim, Claim of Contribution or Third Party $75.00
Complaint (N.J.S.A. 22A:2-6; Rule 1:43)
Amended Answer or Amended Complaint Containing New Relief (Rule 1:43)$75.00
Transfer Case from Superior Court (Civil Part only) to Special Civil Part (Rule 6:4-1(f)$15.00
Motion, including in Multicounty litigation (N.J.S.A. 22A:2-6; Rule 1:43)$50.00
Petition in a Pending Action (Rule 1:43)$50.00
Order to Show Cause (N.J.S.A. 22A:2-6; Rule 1:43)$50.00
First paper in any motion, petition or application not in a pending action $50.00
or proceeding or if made after dismissal or 
judgment entered (N.J.S.A. 22A:2-7; Rule 1:43)
Petition for Discovery not in a Pending Action (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Withdrawal of money deposited in court (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Security Deposit for Cost (per Defendant or as Order Reads) $200.00
Judgment on bond and warrant (in lieu of the fee required by Section 22A:2-6)$15.00
Restoration fee for failure to make discovery (Rule 4:23-5)
Within 30 days of entry of order of dismissal$100.00
Beyond 30 days of entry of order of dismissal$300.00
Notice of Application for Wage Execution (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Writ (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Assignment of Judgment (N.J.S.A. 22A:2-7; Rule 1:43)$35.00
Warrant to Satisfy Judgment (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Warrant for Arrest (N.J.S.A. 22A:2-7; Rule 1:43)$35.00
Trial De Novo (N.J.S.A. 2A:23A-27; Rule 4:21A-6(c))$200.00
Superior Court, Law Division, Special Civil Part
Complaint, small claim (N.J.S.A. 22A:2-37.1; Rule 1:43)
One defendant$35.00
Each additional defendant$5.00
Counterclaim, small claim (Rule 1:43)$30.00
Complaint, tenancy (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
One defendant$50.00
Each additional defendant$5.00
Complaint/initial pleading containing counterclaim, cross-claim or 
third-party complaint in DC actions: (N.J.S.A. 22A:2-37.1; Rule 1:43)
-Where the amount exceeds the small claims monetary limit
One defendant$75.00
Each additional defendant$5.00
-Where the amount does not exceed the small claims monetary limit
One defendant$50.00
Each additional defendant$5.00
Appearance or answer to DC complaint or third party $30.00
complaint (N.J.S.A. 22A:2-37.1; Rule 1:43)
Service of process, summons by mail (N.J.S.A. 22A:2-37.1)
Each defendant$7.00
At place of business or employment with postal instructions to deliver to $7.00
addressee only, additional fee 
Reservice of summons by mail, Each defendant(N.J.S.A. 22A:2-37.1)$7.00
Reservice of summons or other original process by 
court officer (plus mileage) (N.J.S.A. 22A:2-37.1)
One defendant$3.00
Each additional defendant$5.00
Substituted service of process on NJ Motor Vehicle Commission(N.J.S.A. 22A:2-37.1)$10.00
Plus postage$7.00
Warrant of removal (plus mileage) (N.J.S.A. 22A:2-37.1, Rule 1:43)$35.00
Warrant for arrest, commitment or writ of capias ad respondendum, $35.00
each defendant (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
Wage execution (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)$35.00
Writ of execution or an order in the nature of $35.00
execution (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
Wage execution by mail to a federal agency, additional fee (N.J.S.A. 22A:2-37.2)$7.00
Writ of replevin or attachment issued subsequent to $35.00
summons (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
Writ of attachment and making inventory $35.00
(plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
Writ of possession (N.J.S.A. 22A:2-37.1; Rule 1:43)$35.00
Writ and summons in replevin, taking bond and any $35.00
inventory (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43) 
Each additional defendant$5.00
Serving order for possession in replevin (N.J.S.A. 22A:2-37.1)$4.00
Advertising property under execution or any order (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00
Selling property under execution or any order (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00
On every dollar collected on execution, writ of attachment, or any order $0.10
(commission to the Court Officer -- not paid to the court)
Jury of six persons (DC or Small Claim) (N.J.S.A. 22A:2-37.1; Rule 1:43)$100.00
Motion or Order to Show Cause (DC) (N.J.S.A. 22A:2-37.1; Rule 1:43)$25.00
Exemplified copy of judgment (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00
Restoration fee for failure to make discovery (Rule 6:4-6)
Within 30 days of entry of order of dismissal$25.00
Beyond 30 days of entry of order of dismissal$75.00
Assignment of judgment (not an allowable taxed cost) (Rule 1:43)$35.00
Warrant to Satisfy with docketed judgment (not an allowable taxed cost) (Rule 1:43)$50.00
Warrant to Satisfy without docketed judgment (not an allowable taxed cost) (Rule 1:43)$35.00
Tax Court
Non-Small Claims/Regular Local Property and State Taxes
Complaint for one parcel/condo or one state tax type$250.00
(N.J.S.A. 22A:5-1(a); Rule 8:12; Rule 1:43) 
Counterclaim for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$250.00
Each additional parcel/condo or state tax type for complaint (Rule 8:12; Rule 1:43)$50.00
Each additional parcel/condo or state tax type for counterclaim (Rule 8:12; Rule 1:43)$50.00
Small Claims Local Property and State Taxes
Complaint for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$50.00
Complaint, where the sole issue is eligibility for homestead credit, No Fee
rebate or refund, or for a senior citizen's or veteran's
exemption or deduction (Rule 8:12)
Counterclaim for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$50.00
Each additional parcel/condo or state tax for complaint (Rule 8:12; Rule 1:43)$10.00
Each additional parcel/condo or state tax type for counterclaim (Rule 8:12; Rule 1:43) $10.00
Motion -- Local Property and State Taxes
Motion for non-small claims (Rule 8:12; Rule 1:43)$50.00
Motion for small claims No Fee