The world is increasingly becoming a smaller and more accessible place. Globalization and international employment opportunities have made it common for people to move or be transferred to foreign countries. The increased possibility of living abroad combined with marriage and/or children may result in complex issues. Which country’s laws apply if one parent takes a child out of the United States? What if an international custody dispute materializes?

Continue Reading International Child Abduction and the Hague Convention

Alcohol and substance abuse by one parent are always concerning to the other parent, but when those parents are separated or divorced, there is an increased level of anxiety. A new law, which took effect on December 1, 2019, can help ease the concerns of a parent whose former partner has been convicted of Driving While Intoxicated in New Jersey.

Continue Reading NJ’s New Drunk Driving Law Can Help Ease Concerns of Divorced Parents

In the process of probating and administering a Last Will and Testament of a Decedent, questions may arise whether assets owned by the Decedent are considered Estate assets or non-estate assets. This is called the distinction between probate and non-probate assets. It is important for determining Estate taxes to make this distinction.

Continue Reading Estate vs. Non-Estate Assets

Deciding what to do with a marital home during a divorce can be tricky. Sometimes one or both parties wishes to retain the house after the divorce by buying the other spouse out of their interest. Other times, the parties may choose to sell the home either during the divorce or after the divorce is finalized.

Continue Reading What Happens to Your Home During a Divorce

The Third Circuit Court of Appeals hit PennEast Pipeline Company with another setback on November 5, 2019. The Court of Appeals denied the company’s request for a rehearing of the Court’s earlier decision, which held that the 11th Amendment of the United States Constitution prohibits PennEast Pipeline Company from suing the State of New Jersey in Federal Court. Order Rehearing Denied 11.5.19.

So, where does PennEast go from here? We hope home, but that is unlikely.

PennEast can ask the United States Supreme Court to review the decision, however, appeals to the United States Supreme Court are not automatic and an appealing party must file a petition and ask the Court to accept the case for review. The United States Supreme Court only agrees to review about 1% to 2% of the cases where parties seek a review by the high court.

Stay tuned for the next step in the saga of PennEast versus New Jersey and its residents. PennEast is not going away, but either are the people fighting the good fight!

This past week, Chapter 11 debtor Sears Holdings Corporation (“Sears”) filed hundreds of preference complaints to recover money from paid pre-petition creditors.

For most creditors, it must seem odd to be receiving a complaint to return money for goods or services sold prior to October 15, 2018 (the date when Sears filed for bankruptcy protection). However, the practice of recovering “preferences” in bankruptcy is allowed by federal statute – 11 U.S.C. 547. Before you go a writing a check to Sears, know what defenses you have against this statutory claim.

Continue Reading Sears Wants It’s Money Back… Debtor Filing Preference Complaints Against Trade Creditors

Destination Maternity Corporation filed for Chapter 11 bankruptcy on Monday in Delaware under docket number 19-12256.

The large maternity-wear retailer owns approximately 458 U.S. stores comprised of 362 Motherhood Maternity Stores, 26 Pea in the Pod stores, and 70 Destination Maternity stores.

Continue Reading Destination Maternity Files for Chapter 11 Bankruptcy

This is the second blog in a series of blogs examining the differences between New Jersey Lien Law and Pennsylvania Lien Law. Read part one discussing notice and timing differences here.

Since these states share a border, and many contractors operate in both states, they should be aware of the differences in the corresponding Lien Law Statutes. One key difference between the two states concerning the ability to file construction liens by a contractor is the writing requirement. Pennsylvania and New Jersey are on the polar opposites of the spectrum when it comes to the necessary writings to file a lien claim on a property.

Continue Reading New Jersey Lien Law vs. Pennsylvania Lien Law: The Writing Requirement