Commercial Leases

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Fraudulent Transfer Attorney Here’s an interesting case involving the fraudulent transfer law. In Carucci v. Regency Fin. Group LLC, the plaintiff loaned an accounting firm, $100,000. The firm never paid back the money that was due.  So the plaintiff sued, and the defendant failed to show up to court.  When a defendant does not show up in court judgment is automatically entered against them; it is called a ‘default judgment.’ While the lawsuit was pending, the defendant accounting firm filed for bankruptcy. In a classically deceptive manner the defendant’s wife formed another accounting firm and opened it for business in the same exact location of the old …

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Commercial Law Attorney In the case of, In re Ryan and Jane Ltd, the New Jersey Courts addressed whether alter-ego and fraudulent transfer claims become the property of the bankruptcy estate.  Before we go any further, let’s talk about all of these different claims. The “Alter ego” and “piercing of the corporate veil” legal theories are interrelated concepts, so it helps to talk about them together.  The easiest way to think about these concepts is to refer to the action heroes:  Batman and Bruce Wayne. Each is the same person.  However, Batman is Bruce Wayne’s alter ego.  Whenever Bruce Wayne needs to save the day he …

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Franchise Law Attorney Constructive termination of a franchise occasionally arises when a manufacturer discontinues a certain line of products, without cutting off complete ties with another party, in terms of their commercial relationship.  There is a popular case that is commonly used to discuss the nuances of a constructive termination of a franchise agreement that involves General Motors.  Around 1988, General Motors agreed with Volvo to manufacture a particular line of heavy duty trucks intended for construction purposes.  General Motors discontinued its heavy duty truck line.  GM had agreements with several dealers involving their own heavy duty truck line.  When GM discontinued this line, several dealerships across …

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Lawsuit Judgement Attorney What happens when a judgment has been entered against a defendant in a lawsuit.  The plaintiff wants his or her money, but for many defendants, they don’t want to pay up. So how does a plaintiff go about forcing the defendant to pay?  Like most things in law, the answer to this question is not easy, nor straightforward. In summary, N.J. Statute 2A:17-1 provides that the County Sheriff will seek to satisfy the judgement by going after the property of the party who the judgment was entered against.  If that is not enough to pay off the debt, then the sheriff will satisfy the …