John M August

January 28, 2022 | New Jersey Law Journal

You are attempting to collect a judgment for your client and your judgment-debtor files a bankruptcy petition. Now what? There are several steps you should take before and after a bankruptcy filing to protect your client's interests and to maximize their recovery.

By John M. August

10 minute read

January 28, 2021 | New Jersey Law Journal

The Bankruptcy Code and state insolvency laws contain several defenses to the recovery of preferential transfers which often reduce or eliminate the preference exposure in many, if not most, cases. This article provides an overview of the defenses and suggestions to obtain the best settlement possible.

By John M. August

9 minute read

February 05, 2020 | New Jersey Law Journal

An all too common occurrence today is a debtor filing a Chapter 13 bankruptcy petition to regain possession of a vehicle that was repossessed pre-petition. Does the creditor have to return the vehicle at the debtor's request? Will failure to return the vehicle expose the creditor to damages for violation of the automatic stay?

By John M. August

9 minute read

February 08, 2019 | New Jersey Law Journal

In 'Jimenez v. Jimenez,' the NJ Appellate Division held, for the first time, that New Jersey law prohibits the forced partition and sale of real property owned as tenants by the entirety to satisfy a judgment creditor of one spouse.

By John M. August

9 minute read