Practice Areas

Shown below are the areas of the law that I concentrate my practice in. I do not strictly limit myself to those, however. More often than not, an attorney is called upon to handle inter-related legal issues. For example, a business very often rents office space or, perhaps, is in the business of renting office space or residential apartments. It is foreseeable that experience in landlord-tenant issues may be necessary in such a situation. I have that experience, and with many other issues as well. Please contact my office to speak with me or schedule a consultation. There are many ways in which I can be of service.
Bankruptcy Law

 

My bankruptcy practice is limited to Chapter 7 and Chapter 13 matters for consumers and Chapter 7 for small businesses. Chapter 13 relief is unavailable for a business entity. Chapter 11 reorganization is the necessary method under the Bankruptcy Code for businesses seeking to reorganize and remain in business. I do not accept Chapter 11 cases but can recommend experienced attorneys that do.

 

I also will represent creditors to protect their rights should a borrower or customer file for bankruptcy relief. As part of my process, you and I will always meet to first determine whether bankruptcy is right for you. You may be able to obtain relief through non-bankruptcy means.

 

Filing for bankruptcy relief is a complicated process. Your entire financial history becomes an open book. For some, it is an uncomfortable or embarrassing time in their lives. We will help you obtain a fresh start in your financial life, and we will do so with compassion and understanding. To discover your options and potential outcomes, call today to schedule an initial meeting. 

 

Debtor-Creditor Law

 

In this area of the law I represent consumers who have debt issues and are in danger of being sued, have just been sued, or their home is in danger of being lost to foreclosure, just to name a few examples.


I also will represent banks and credit unions, and other businesses and individuals who need assistance in collecting money that is owed.

 

Community Associations

I provide representation to condominium associations and to homeowner associations (HOA). This includes collection matters when owners are delinquent in paying their monthly assessments, drafting of association documents or amendments thereto, such as a Master Deed, By-Laws or Rules & Regulations. I also can provide election documents and counsel for just about any business issue. If desired, I will also attend formal meetings, and will help with the preparation of annual audit materials. I will work with a self-directed association or one that has retained an outside property management firm.


If you are dissatisfied with your current legal representation, please contact me to discuss whether I might be a better fit for your association.

Estate Planning

​Wills and Trusts are vital tools to transfer assets to those we love. They are not, however, the sole means. Equally important, if not more so, is to have a Durable Power of Attorney in place. This document allows you to designate someone to handle your affairs should you become unable to do so. Do not overlook the need for such a document. Bear in mind that you cannot direct the preparation of these documents, or changes to such documents, should you lack the required mental capacity to do so. 

I can counsel you in the preparation of these documents, and others, such as a Living Will or a document that leaves instructions for your funeral or burial. Contact me to discuss the choices available to suit your needs. Do not wait until you've lost the ability to settle your affairs the way you want.

Consumer Law

We New Jerseyans are fortunate to have one of the strongest consumer protection laws in the country, commonly known as the Consumer Fraud Act. Consumers are protected in a variety of ways from overreaching businesses and individuals who utilize false or fraudulent techniques to take your money. This law imposes stern penalties upon the responsible party, including triple damages and reasonable attorney's fees.

 

There are many other consumer issues that fall outside the Consumer Fraud Act that I can assist you with. There are federal laws that grant protection in terms of collection agencies, credit reporting and warranties, just to give a few examples. Identity theft has become all-pervasive. This can damage you financially and wreak havoc on your credit.

 

Don't delay in seeking help. Call today.

 

Business Law

 

If you are looking to form a new business, whether it be an LLC, a Sub S corporation, a partnership or a sole proprietorship, we can advise and assist you from inception to whatever extent you require thereafter. Upon request, we will guide with any legal issues that may arise, some of which may not just involve your business, but may affect you personally.

 

I will do the same for existing businesses. That is, provide whatever counsel that may be needed and to assist with any legal issues that may arise.

 

I have the experience to handle just about any need you may have. Remember, I am a business owner too, and I promise to be there for you when you need me.


To learn more, contact me for a consultation.

 

 

Civil Litigation

There are times when the only way to resolve a dispute is through litigation. Whether you have a claim to pursue, or someone has sued you, I can help.

 

Not all litigation leads to an actual trial. In fact these days, more cases are resolved before you ever get to the court house steps. In addition, mediation as an alternative method of resolving disputes, is becoming more and more the norm. There are many benefits to this, too many to mention in this forum.

 

Whether it be a trial or mediation, the process can be stressful and it can be very disruptive to your daily life. In these times an attorney can keep you focused and can help relieve some of that pressure. Let me be your advocate in these instances.

© 2015-18 by Jay R. Schmerler, Esq.  //  Attorney Advertising

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