Forgiving a Debt Can Be Fraudulent Under the New Jersey Fraudulent Transfer Law

HNW Business Law, Fraudulent Transfer Litigation

By Fredrick P. Niemann, Esq., of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Fraudulent Transfer  Law Attorney Debtors often seek to evade creditors Creditors want to be paid what is owed to them The New Jersey Fraudulent Transfer Law addresses conflicts between debtors and creditors The New Jersey Fraudulent Transfer Law The Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 -34, provides that a transfer made by a debtor can be fraudulent as to a creditor whose claim exists before the transfer it made. What’s important is whether the debtor made the transfer without “reasonably equal value” and the debtor was insolvent or became insolvent as a result of the transfer.   The law defines “reasonably equal value” as …

Yes, you can use Facebook to serve a lawsuit on an out of state Defendant…Sometimes

HNW Business Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Lawsuit and Litigation Attorney Plaintiffs instituted this action to enjoin defendant from holding himself out as the father of their son, Z.A. to enjoin defendant from contracting plaintiffs and Z.A., and to compel defendant to remove information pertaining to Z.A. that he has allegedly published online. Plaintiffs are Z.A.’s adoptive parents. Z.A.’s biological father of record is J.P. Plaintiffs indicate that defendant is a “complete stranger” to them, and they have not had any contact with him prior to the events that gave rise to this litigation. Plaintiffs alleged that defendant initiated contact with their family by locating K.A.’s Facebook profile and sending him a friend request, …

The New Jersey Uniform Construction Code And The Neighbor From Hell

HNW Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business & Real Estate Attorney There is a section of the Uniform Construction Code found at N.J.A.C. 5:23-24.34, entitled Protection of Adjoining Properties.  I read about the regulation in a law journal. In short, the regulation requires that when you are about to undertake construction, rehabilitation or demolition work that could potentially damage adjoining properties, you need to enter the adjoining properties to determine what measures are necessary to safeguard those properties before you can obtain a construction permit from the municipal construction official.   And, while this might sound pretty straightforward, there is one important catch: you have to obtain written consent from the owners of the …

Can an At-Will Employee With No Contract of Employment and No Promise Or Term of Employment File For Judgement?

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Employment and Contract Law Attorney The “you work for me at my will” commonly referred to as the “at-will doctrine” remains the rule of New Jersey employment law today.  Absent a writing specifying the term, or duration, of the employment relationship, under the common law in New Jersey, the employment is presumed to be terminable at-will.   The employment at-will doctrine means that, in the absence of an employment contract, the employment relationship can be terminated by either the employee or the employer at any time and for any reason, with or without notice or cause, unless prohibited by law or public policy. Thus, when employment in New …

New Medicare ID Cards

HNW Elder Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Care Attorney In an effort to prevent or at least reduce Medicare fraud (as we are aware is subject to considerable fraud), the Centers for Medicare and Medicaid Service (CMS) has redesigned Medicare cards. The cards will no longer contain a Social Security number, gender, signature and other personal information, all of which could compromise the Medicare beneficiary’s identity. The new cards have an 11 character, randomly assigned number not connected to the beneficiary’s other personal data. All current beneficiaries are scheduled to get their new cards no later than December, 2019. In New Jersey and New York residents will receive their new cards beginning after …

The Most Common Misconception About Medicare and Who Pays For Long Term Care

HNW Elder Care Law, Elder Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney In my Elder Law practice, I work with many people of various ages at various stages of life. I counsel them in the subject of Medicare, how it works and what is covered. It’s in this discussion that common misconceptions become known. These misconceptions make people vulnerable and at great disadvantage in terms of their asset protection, if not addressed correctly. To that end, I hope the following discussion is helpful in this very important area. The most common misconception I encounter concerns Medicare and Long Term Care. Most people believe that Medicare and/or other health insurance plans will cover the cost of long term …

When a Person Subject to a Guardianship Dies Are Contracts Signed by the Guardian VOID at Time of Death?

HNW Business Law, Contract Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Contract Law Attorney A colleague represents the guardian of a 70 year old woman in northern NJ. This adult woman (called a “ward” in guardianship vocabulary), died suddenly. The guardian was under contract to sell the ward’s house with the closing scheduled a week away before her death and the buyer was already living in the house pursuant to an occupancy agreement. The real estate contract said nothing about it being binding on successors. The ward had a will which left this house to a person who was found to have stolen from her and this person was now in prison. It was because of …

Recommended to me by my family attorney as a lawyer experienced in elder law and veteran benefits

HNW Testimonials

I’m a World War II Veteran and reside in an assisted living residence in Monmouth County, New Jersey. I hired Mr. Niemann, an attorney recommended to me by my family attorney as a lawyer experienced in elder law and veteran benefits. I hired his firm for asset protection planning, Medicaid for my wife and the filing of an application for Veterans Aid and Attendance benefits. The staff and professionals at Hanlon Niemann were all very capable, responsive and caring. I feel like they are family to me. My legal affairs were capably and diligently processed and I was able to obtain the benefits my wife and I desperately needed. I am grateful to Mr. Niemann and will recommend his office …

They were diligent in their efforts to expedite the application

HNW Testimonials

My Dad resided in an assisted living facility for many years. As his personal funds were quickly disappearing, I knew I needed assistance. Mr. Niemann and his staff explained the Medicaid application process thoroughly and accurately. They were diligent in their efforts to expedite the application which was approved by the Monmouth County Board of Social Services. I was extremely happy with the service provided by Mr. Niemann and his staff. Testimonial by William D’Eredita – Manalapan, New Jersey

Courteous and professional to me and my family throughout the process

HNW Testimonials

Mr. Niemann and his office successfully handled the filing of a Medicaid application for my Mom. They coordinated all the paperwork and detailed financial requirements requested by the County Board of Social Services. His office was courteous and professional to me and my family throughout the process. They answered our questions and responded back to us in a timely manner. The guidance and advice of Mr. Niemann and his staff is sincerely appreciated. Christopher Collins – New York City