ABL Advisor's  is reporting that new Chapter 11 bankruptcy filings increased by 79% in March 2023.  The article can be found at https://www.abladvisor.com/news/36211/commercial-chapter-11-filings-rise-79-y-y-in-marchJim Shenwick, Esq  [email protected]  917-363-3391We held individuals & businesses with too much debt!

What Are Arizona’s Criminal Statutes Oof Limitations? A statute of limitations, in a criminal offense context, is the amount of time that the prosecution has to bring charges against the accused. Statutes of limitations can vary from state to state, and the statute of limitations could be longer if the crime is also considered a federal offense. Laws can change and retroactively extend a statute of limitations that has already expired. Additionally, the civil statutes of limitations for the financial damages surrounding the offense could differ from the criminal statutes of limitations. Read on to learn more about the statutes of limitations surrounding criminal offenses in Arizona. If you’re facing misdemeanor or felony charges in Arizona, call our firm for your free phone consultation at 480-448-9800.  Arizona Revised Statutes Section 13-107 Arizona’s statutes of limitations, or time limitations, are defined by A.R.S. § 13-107. If a prosecution is initiated against a defendant but dismissed, the state has 6 months to reinitiate the case or it will be considered expired.  No Time Limit Some offenses are so serious that the state doesn’t prescribe a statute of limitations to them. Homicide and conspiracy to commit homicide are both offenses without statutes of limitations in Arizona. Sexual offenses listed in Chapter 14 of the Arizona criminal code that is considered class 2 felonies also have no time limit. The same can be said for violations of Chapter 35.1, which covers sexual exploitation of children. Violent sexual assault as defined by A.R.S. § 13-1423 has no statute of limitations. Neither do violations of A.R.S. § 13-2308.1 (terrorism), A.R.S. § 13-2308.3 (unlawful use of an infectious biological substance or radiological agent), or A.R.S. § 13-3212 (child sex trafficking). The prosecution is also not bound by statutes of limitations for misuse of public monies or a felony involving falsification or attempt to commit falsification of public records.  Seven Years Most Arizona felonies -classes 2 through 6- have a seven-year statute of limitations. Class 6 felonies are the least serious, while class 2 felonies are the most serious besides capital offenses.  One Year Misdemeanor offenses have a one-year statute of limitations in Arizona.  Six Months Petty offenses have a six-month statute of limitations in Arizona.  Exceptions There are exceptions to A.R.S. § 13-107 that prosecutors can utilize to keep charges from being dismissed in court. Under this phrasing, a statute of limitations has not begun “running” if an exception applies. A statute of limitations doesn’t run when the accused flees the state or hides from investigation within the state. The statute of limitations doesn’t run for serious offenses when the perpetrator’s identity is unknown. Serious offenses are defined by A.R.S. § 13-706. Section 706 categorizes them into serious offenses and violent or aggravated felonies. Serious offenses include first- and second-degree murder, manslaughter, aggravated assault resulting in serious injury or using a deadly weapon, sexual assault, dangerous crimes against children, home arson, armed robbery, first-degree burglary, kidnapping, sexual conduct with a minor under 15 years old, and child sex trafficking. Violent and aggravated felonies include first- and second-degree murder, aggravated assault resulting in serious injury or using a deadly weapon, dangerous or deadly assault by a prisoner, committing assault with the intent to riot or participate in a riot, drive-by shooting, discharging a firearm at an occupied residential structure, kidnapping, sexual conduct with a minor that is a class 2 felony, sexual assault, child molestation, continuous sexual abuse of a child, violent sexual assault, first-degree burglary in an occupied residential structure, arson of an occupied structure, arson of an occupied jail or prison facility, armed robbery, participating in a street gang, terrorism, taking a child for prostitution, child sex trafficking, commercial sexual exploitation of minor, sexual exploitation of a minor, and unlawful introduction of a disease or parasite.  Other Defenses Against Serious Offenses If you’ve been charged with a serious crime, succeeding in a statute of limitations defense may be unlikely. It could be one challenge you present to the prosecution’s charges against you, but you will probably need more to avoid prison time.  Challenge The Admissibility of Evidence Older cases mean older evidence exhibits, which could be more susceptible to validity challenges in court. Evidence samples from older offenses may have been tested using technology that is now considered antiquated. If the form of testing previously used on the sample is now considered unreliable, the defendant should request retesting or testing by an independent laboratory. Eyewitness evidence from a crime that is years old is also known to be unreliable.  Fourth Amendment Violations The Fourth Amendment of the U.S. Constitution protects against unreasonable government searches and seizures. In general, the police must have reasonable suspicion to stop and investigate a suspect for a crime, and probable cause to place that suspect under arrest. If the police violated your constitutional rights while investigating you or arresting you for a crime, much of the evidence they obtained to use against you will likely be inadmissible in court, weakening the prosecution’s case against you.  Charge Reduction Convincing the prosecution that they don’t have a strong enough case to pursue it at its current level may be a key part of your defense lawyer’s strategy. If your felony offense is reduced to a misdemeanor, this could also reduce the statute of limitations. Even if it doesn’t get your case dismissed through the statute of limitations, the mandatory penalty ranges decrease greatly for less serious charges.  Alibi/Innocence Sometimes in the case of prosecution of older crimes, the wrong defendant can be charged. Without DNA evidence attaching the defendant to the crime, it can be difficult to disprove an alibi from years past. Witnesses’ memories can fade and other evidence can be lost or damaged. Don’t assume that you will be declared not guilty at trial just because it is the truth- hire a defense attorney who cares about your case.  Consider a Private Defender If You’re Facing Serious Time A criminal defendant in the state of Arizona is entitled to their choice of legal counsel, whether that be a public defender or an attorney they hire on their behalf. If your charges evade Arizona’s statute of limitations, there is a strong possibility you are up against significant time behind bars. It could take any combination of the defenses described above, as well as negotiation, plea bargaining, and other legal strategies to eliminate or mitigate the negative impact these charges can have on your life. There are plenty of public defenders who are intelligent and passionate about their cases, but you won’t get to browse through a catalog and read their reviews when the court makes an assignment. With all that’s on the line, you may want to at least see what other options are available in your choice of legal counsel.  At My AZ Lawyers, our experienced Arizona criminal defense attorneys are assertive and experienced when it comes to defending against criminal prosecution, even in the case of highly serious charges. Hiring a quality defense attorney could save you from an avalanche of life-altering repercussions that could come from a criminal conviction, or even an investigation or trial going on for too long. For your free phone consultation with a member of our defense team, contact us through our online form or call our office at 480-448-9800.      Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: [email protected] Website: https://myazlawyers.com/ Phoenix Location: 343 West Roosevelt, Suite #100 Phoenix, AZ 85003 Office: (602) 609-7000 Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 469-6603 The post What Are Arizona’s Criminal Statutes Of Limitations? appeared first on My AZ Lawyers.

 Bed Bath & Beyond ("BBB") filed for Chapter 11 Bankruptcy Protection. Individuals & businesses who are owed money by BBB should organized their business records & file a Proof of Claim when  notified by the Bankruptcy Court.Also & importantly, If a vendor delivered goods to  BBB in the 20 days before the Debtor filed bankruptcy, and those goods were delivered in the ordinary course of business, then you can get administrative claim status of the amount of the goods delivered. See 11 U.S.C. § 503(b)(9) and you should consult with a bankruptcy attorney as soon as possible.Jim Shenwick, Esq.  917 363 3391  [email protected] held individuals & businesses with too much debt!

The article can be found at https://www.cfo.com/credit-capital/bankruptcy/2023/04/chapter-11-bankruptcy-subchapter-v-epiq-commercial-filings-svb-financial-diamond-sports/

PLEASE NOTE THAT EFFECTIVE IMMEDIATELY, PLEASE USE 917 363 3391 TO CONTACT JIM SHENWICK, ESQ. ----------------- The New York Post recently had an article about a New York bankruptcy trustee who has ordered dozens of former sales reps at Worth Collection (an upscale, New York-based women’s apparel label that filed for chapter 7 bankruptcy three years ago) to return tens of thousands of dollars in commissions they earned shortly before the company’s bankruptcy filing. The article can be found at https://nypost.com/2023/03/30/bankrupt-nyc-fashion-labels-sales-reps-ordered-to-return-commissions/?utm_source=gmail&utm_campaign=android_nyp The article states that stylists who worked as independent contractors for Worth Collection  (which catered to professional women at trunk shows that were typically held at the stylists’ homes or showrooms) were ordered to repay  the earned commissions by a US Bankruptcy Trustee. In the way of background, when a company files for chapter 7 bankruptcy protection, a bankruptcy trustee is appointed to close the business, liquidate the business’s assets, and distribute those monies to creditors.  The bankruptcy trustee will review the company's financial statements, bank statements, check registers, and tax returns to determine if preferential payments or fraudulent conveyances were made. If  those payments occurred, then the bankruptcy trustee will commence lawsuit(s) (called Adversary Proceedings in bankruptcy parlance) to recover those monies. While not actually stated in the article, it is this author’s opinion that the bankruptcy trustee’s action against the stylists was for preferential payments, i.e., payments made to the stylists on account of antecedent debts (old debts) within 90 days of Worth Collection’s chapter 7 bankruptcy filing.  Additionally, unless the bankruptcy filing  was an involuntary bankruptcy filing, the company could have delayed their bankruptcy filing  by 90 days, to have prevented the bankruptcy trustee's preference actions against the stylists. For this reason, whenever we advise a company to consider filing for chapter 7 bankruptcy, we discuss preference issues with management and the owners, review bank statements, and check registers for preference issues.  Individuals or businesses with preferences can contact Jim Shenwick, Esq., for a consultation.   Jim Shenwick, Esq. 917 363 3391  [email protected] We help individuals and companies with too much debt!      

Paying Your Mortgage with Money Orders is a Bad Idea Handing somebody a money order to buy a car or something–that’s sometimes safer than cash.  But mailing a money order to pay your mortgage–that’s almost always a bad idea. Let me tell you about Norman.  Norman filed Chapter 13 bankruptcy with different lawyer.  He later […] The post Paying Your Mortgage with Money Order is a Bad Idea by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

Paying Your Mortgage with Money Orders is a Bad Idea Handing somebody a money order to buy a car or something–that’s sometimes safer than cash.  But mailing a money order to pay your mortgage–that’s almost always a bad idea. Let me tell you about Norman.  Norman filed Chapter 13 bankruptcy with different lawyer.  He later […] The post Paying Your Mortgage with Money Order is a Bad Idea by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

 Bankrate has a very interesting and informative article about whether a small business can get a small business loan after bankruptcy? The article states that getting a small business loan after going through bankruptcy is possible, but it can be a challenge. At Shenwick & Associates we have found that individuals can obtain credit 6 months to 1.5 years after filing for personal bankruptcy and approximately 2 years for businesses. The article can be found at https://www.bankrate.com/loans/small-business/business-loan-after-bankruptcy/Jim Shenwick, Esq  917 363 3391  [email protected]  We help individuals and businesses with too much debt!

When entering into liquidation bankruptcy, debtors might fear losing certain assets. While that is understandable, you can protect some assets using state or federal bankruptcy liquidation exemptions in New Jersey. New Jersey does not have a homestead or a motor vehicle bankruptcy liquidation exemption. Debtors in New Jersey can protect certain personal property during Chapter 7 bankruptcy, such as clothing and some of their household goods and furnishings. There are state exemptions for certain disability benefits and miscellaneous exemptions that can protect assets like pensions, stocks, and life insurance proceeds. In order to protect the bulk of your assets, especially the ones that are the most important to you, you may benefit from using federal bankruptcy liquidation exemptions rather than state exemptions. Reach out to Young, Marr, Mallis & Associates by calling our New Jersey bankruptcy attorneys at (609) 755-3115 and schedule a free case review today. Does New Jersey Have a Homestead Bankruptcy Liquidation Exemption? When discussing New Jersey’s bankruptcy liquidation exemptions, it is important to highlight the ones that the state notably lacks. For example, it is necessary that debtors are aware of New Jersey’s lack of a homestead exemption. New Jersey does not provide any state exemptions that would or could protect your home from liquidation. When you file for Chapter 7 bankruptcy in New Jersey, you cannot exempt your home if you choose state exemptions. Our Marlton, NJ bankruptcy attorneys can help you avoid such a situation by using federal exemptions. If you choose to use the federal homestead exemption, you can protect up to $27,900 of equity in your home from liquidation, which may be enough to avoid losing your house during bankruptcy. Does New Jersey Have a Bankruptcy Liquidation Exemption for Motor Vehicles? While many states have bankruptcy liquidation exemptions for motor vehicles, New Jersey does not. Again, this is a fairly unique approach on behalf of New Jersey and can make filing for Chapter 7 bankruptcy risky in some situations. The biggest fear many debtors have is losing important assets, like their cars, through liquidation. Unfortunately, New Jersey does not have a state bankruptcy liquidation exemption for motor vehicles. This means your car will not be safeguarded from liquidation to pay back creditors unless you use certain federal exemptions instead. Remember, New Jersey, unlike many states, allows debtors to use federal exemptions instead of state exemptions. Because of that, you may be able to take this route to prevent creditors from taking your vehicle to satisfy debts during Chapter 7 bankruptcy. New Jersey’s Personal Property Bankruptcy Liquidation Exemptions New Jersey does have bankruptcy liquidation exemptions for certain personal property. This can allow you to keep things with sentimental value and protect them from liquidation while you are under bankruptcy in New Jersey. There is a state bankruptcy liquidation exemption that protects 100% of a debtor’s personal clothing from liquidation in New Jersey, according to N.J.S.A. § 2A:17-19. This means any expensive or sentimental clothing you might have does not have to be liquidated for you to back pay creditors. N.J.S.A. § 2A:26-4 provides an exemption of up to $1,000 for debtors’ personal property of household goods and furnishings. There is a similar general personal property liquidation exemption that has the same threshold of up to $1,000 for filers. Bankruptcy Liquidation Exemptions for Disability Benefits in New Jersey Some debtors in New Jersey might receive disability benefits and fear that those benefits will be threatened if they file for bankruptcy. Fortunately, New Jersey does provide some exemptions that may protect such benefits. All Workers’ Compensation insurance benefits are protected during Chapter 7 bankruptcy in New Jersey. The same can be said for disability or death benefits for military personnel or civil defense workers. According to N.J.S.A. § 17B:24-8, other insurance disability benefits cannot be garnished or otherwise used to compensate creditors in New Jersey. Miscellaneous New Jersey Bankruptcy Liquidation Exemptions There are many miscellaneous bankruptcy liquidation exemptions that debtors in New Jersey can use. This includes some of a debtor’s held stocks and interests in a corporation, and many types of pensions. Wages are protected from garnishment up to a certain amount during bankruptcy New Jersey. According to N.J.S.A. § 2A:17-56(a), 90% of earned wages will be protected if a debtor earns under 250% of the poverty level. If a debtor earns about that amount, the court may allow a higher percentage of wages to be garnished. Pensions are typically 100% exempt during Chapter 7 bankruptcy in New Jersey. This includes pensions for teachers, prison employees, city employees, county workers, probation officers, city employees, police officers, and others. Crime victim compensation is also protected during Chapter 7 bankruptcy, meaning those funds do not have to be used to pay back creditors. Life insurance proceeds are also 100% exempt. Stocks and interest in a corporation are also protected, up to $1,000. There are other miscellaneous New Jersey exemptions that might benefit you, depending on your situation. Should You Use Federal Bankruptcy Liquidation Exemptions Instead of New Jersey Exemptions? New Jersey’s bankruptcy liquidation exemptions are sparse compared to some other states. Though they cover some property and assets, others are notably left out, which is why it often benefits debtors to use federal bankruptcy liquidation exemptions instead. As a debtor in New Jersey, you can choose to use federal bankruptcy liquidation exemptions. Doing so can help you keep your home, motor vehicle, and other important property during bankruptcy, which are the assets many debtors care most about retaining. You can’t pick and choose from state and federal exemptions. Debtors must decide which set of exemptions they want to benefit from and stick with them. Depending on your finances and the assets you want to retain, federal or state exemptions might be right for you. Call Our Lawyers to Learn More About New Jersey’s Bankruptcy Liquidation Exemptions Call Young, Marr, Mallis & Associates at (609) 755-3115 for a free and confidential case evaluation with our North Jersey bankruptcy attorneys today.

You’re drowning in debt, and you’ve been struggling to keep your head above water for months. Every time the phone rings, you feel a knot in your stomach, wondering if it’s another creditor demanding payment. And forget about bankruptcy. There’s no way you would qualify, and even if you did, you’re afraid of what you’d+ Click Here For Read More The post Fear you’re going to lose your house? Debunking the top 10 bankruptcy myths appeared first on David M. Siegel.