The party in interest is the student loan lender or servicer. Make sure it or they were properly served. This is a tough adversary to win; be sure to engage the services of experienced bankruptcy counsel.
As a business and insolvency attorney familiar with both bankruptcy and tax debt, and having offices in both New Jersey and New York, your financial challenges intrigue me. You should first know that not all tax debt is dischargeable in chapter 7 bankruptcy. In particular, in cases of fraud, willful attempts to evade tax, non-filing or late filing of income tax returns, among other matters, can make tax debt otherwise dischargeable not dischargeable.This is governed by section 523(a) (1) of the...
Great question and one of the most common mistakes made by business owners contracting for web design services.
My colleague correctly references a work for hire provision to be included in the web development contract. This means that the content and code written for the site are subject to copyright held by the site owner not the coder or developer. On the flip side, the developer will want clear payment terms in the contract and enforceable remedies if the fees are not paid when due....
No point in guessing. File for your default judgment as soon as possible. This may wake them up. In any case, you may wish to get an attorney to help you because the rules in obtaining default judgments can be technical and somewhat difficult to navigate. I've changed the practice area to Litigation. Good luck.
You'd likely do better to hire an attorney before trial to clean up any open evidentiary issues prior to the close of the pre-trial discovery period. As far as the four counts stated in your complaint are concerned, each element of each count must be established by plaintiff. The judge will decide if a prima facie case has been made. If so, defendant must rebut.
Consult with a NY business bankruptcy lawyer in a confidential setting about your particular claims and the proposed note from your boss. The point is that certain wage and benefit claims are entitled to special priority status in bankruptcy.
Tickets resulting in fines due to governmental units are typically not dischargeable in bankruptcy but maybe paid out over time through a chapter 13 wage-earner plan if you qualify. Taxes are tricky in terms of what may be discharged and what tax debt is off limits. Sit down with an experienced New York consumer bankruptcy attorney to learn your options in these areas.
Depositions and fact discovery may be the critical window into defendant's defense that your husband needs to know about before he gets to trial. It is unlikely that defendant will waive its right to depose your husband for the same reason. He should have his case strategy, evidence and burden of proof critiqued by an experienced trial lawyer.
Confer with an experienced New York trial lawyer about vacating a default judgment. The rules are tricky (even for judges) and not entirely intuitive. CPLR 5015 requires the motion to be made within one year after service of a copy of the judgment or order with written notice of entry upon the moving party. There are other grounds as well, including fraud and lack of jurisdiction, but these are all fact-specific. My recommendation is that you obtain solid legal advice and have your motion...