Small Businesses Need Legal Support Too

Is your business built on a firm foundation of legal compliance? Are you protecting yourself from potential legal threats that could cripple or kill your business?  Or are you just hoping for the best that your compliance is in place because you behave fairly ethically and that is enough?  You need a business legal health checkup.

Operating within ethical principles that are well defined help businesses to also comply with the law, though there are also legal requirements on businesses that are necessarily grounded in moral concerns. The decision on if you will comply with the law, how you will comply with the law and what principles guide your diligence in knowing what the law requires is one based on the ethical principles of your business.

In “The Power of Ethical Management”, Norman Vincent Peale and Kenneth Blanchard recommend three questions that managers/entrepreneurs/business owners should ask themselves when faced with an ethical dilemma:

1. Is it legal? This is where your small business lawyer can be most helpful.  We may not know the answer to this question immediately depending on the complexity of the issue, but we have the resources and training to research the answer and give you not only the actual legal requirements, but sometimes how they have been applied by judges.
2. Is it balanced? This question goes to the fairness, both long and short term, to all the people involved.  We, as your lawyer, can also help you sort through these practical issues and come up with a solution that marries legality and balance.
3. Is it right? Would you be proud of yourself for making this decision? Although this is a decision that you alone can make, that is based on your personal moral code, as your lawyer we can help you to create clear, written statements of ethical principles as part of your business plan that will help you measure this. We also attempt to become so knowledgeable about who you are and where you are going that we can help connect you with resources to help explore this question that are appropriate to your unique circumstances.

Having a lawyer on retainer is essential for small businesses.  Big business have lawyers on staff that can answer the legal questions 24 hours a day, but sometimes, as we have seen with the Enron scandal and so many other failures of big business in the last few years, that advice has been more about how to get away with things than how to make decisions that have lasting, long term value and are based in ethical management of resources, people, and the core values of the business.  We are a small firm that can dedicate itself to not just giving you short term answers, but help you plan ethically, within your own code of values and goals, for the growth of a business you can be proud to own and manage.

We offer a one hour  business legal health consultation for small businesses to help identify potential legal issues and indicate how we can help you to grow.  The cost of the consultation is $300, which includes the one hour consultation and a follow up memorandum  (available within one week of the consult) that will give you a legal action plan that will include things we can do for you as well as things you can do for yourself to provide a powerful, legal foundation to your business. This is something that helps new businesses that are starting up as well as businesses that are growing, have already grown and are going through changes, or any business that has neglected its legal health and needs review.

Please call our office at 856 227 7888 to set up a consult with Lynda L. Hinkle, Esq. and get your business’s legal health checkup scheduled.

Where there is a divorce, there is often financial duress. And the reality of the matter is that even though two people may very well be in a great hurry to get away from one another by ending their marriage, the prudent move before filing a divorce complaint and retaining separate attorneys will almost always be making one last trip together to speak to a single attorney about clearing up all marital debts through a properly filed bankruptcy prior to divorcing.

When we are talking about divorce with our Clients, quite frequently a discussion of bankruptcy will also ensue. This is because, unfortunately, the creation of an additional household makes it difficult if not impossible for many separating spouses to maintain and pay their current debts, let alone the new demands of a new home as well. The truth of the matter is actually that, in many cases, a bankruptcy can help out both spouses if they file jointly prior to filing a complaint for divorce. Common bankruptcy questions we are asked frequently fall into four categories; 1) The payment of child support and alimony after a bankruptcy has been filed; 2) The enforceability of a property settlement agreement after a bankruptcy has been filed; 3) What happens to a joint credit card debt if only one spouse files for bankruptcy?; and 4) What happens if one spouse files for bankruptcy during a divorce proceeding but the other does not?

In most cases, once a debtor files for bankruptcy, all creditors must stop all actions to collect their debts. This is called the “automatic stay.” The automatic stay stops all foreclosures, garnishments, bank levies, and creditors. However, the automatic stay does not apply to the enforcement of the collection of child support or alimony. These types of obligations have a super priority under the Bankruptcy Code. Any child support or alimony garnishment order(s) that deduct current support from a severed spouse’s wages are generally unaffected by the bankruptcy filing. However, in many cases unscrupulous ex-spouses will rack up thousands of dollars in child support arrears, and the collection of child support arrears will, unfortunately, be stayed in a bankruptcy filing. Most importantly, however, the Bankruptcy Court has declared obligations to pay spousal support and attorney fees as non-dischargeable pursuant to 11 U.S.C. 523 (a)(5) of the federal Bankruptcy Act. Additionally, those debts which have been apportioned in a Property Settlement Agreement may very well also be held as non-dischargeable as well.

If only one spouse files for bankruptcy once a divorce complaint has been filed, then the family court can still continue to hear and decide issues relating to establishing support, be it child or spousal. However, with regard to issues of equitable distribution, the family court will require stay relief, a Bankruptcy Court order that permits the divorce case to continue. Basically, the family court will not split up the family home, divide pensions, or apportion any stocks or mutual funds until the Bankruptcy Court gives it permission to do so, because the marital estate, once a bankruptcy petition has been filed, is now the bankruptcy estate and is under the authority of the Trustee once the bankruptcy petition has been filed.

The distribution of credit card debts is a primary issue that arises in the majority of divorce cases. We generally suggest that all credit card debts be paid off from the marital assets before any monies are distributed if it is at all possible, when the issue of a post-divorce bankruptcy filing rears its head. It is generally always advisable to pay off all of the marital debt before the divorce is put through before the court if it can be done. It is always important to emphasize that post-judgment issues arise in virtually every divorce, especially with regard to debt and especially with regard to credit card debt. It is extremely important for a divorcing couple to tie up as many loose ends as possible. This is because if one spouse files for bankruptcy to discharge a credit card debt and the other spouse does not file, then the credit card company will “go after” the spouse who did not file. When you sign up for a credit card, the contract into which you have entered will almost always automatically place one’s spouse in liability country with regard to that card’s debt should you default. The contract requires both parties to be jointly and severally liable. Basically, this means that if one spouse should die or files for bankruptcy, then the other spouse is liable for the entire credit card debt. Credit card companies do not care whether it is fair to collect the credit card debt from you or from your ex-spouse, even though the charges were racked up by your ex-spouse. The credit card company cares about collecting money and nothing else. They will destroy your credit, establish liens against your home, and garnish your wages for years to come to get their money.

Call Jeff for a free consultation to see what you should do!

From I 295 North

Take exit 21 toward Woodbury/​National Park. Follow signs for Woodbury and County Rd 640 East and merge onto County Rd 640 (Delaware St) and go 1.6 miles. Cross Broad Street and road will become Cooper Street. We are in the brick building 500 ft. up on the left, with parking in the public garage across the street on the right.

From I 295 South

At Exit 26, keep right at the fork and follow signs for I-295 S/​NJ-42 S/​Del Memorial Bridge/​Atlantic City.    Keep right at the next fork and merge onto I-295 South. Take exit 24A and merge onto NJ-45 South/​N. Broad Street towards Woodbury. At your fourth light (approx. 2 miles), turn left onto Cooper Street. We are in the brick building 500 ft. up on the left, with parking in the public garage across the street on the right.

The Carter Building

From Route 42 North

Take exit 12 for NJ-41 toward NJ-55/​Woodbury/​Runnemede/​County Route 544. Make slight right onto NJ-41 N (​Hurffville Road). Continue to follow NJ-41 North to Turn left onto Clements Bridge Rd (County Road 544).Turn right onto Cooper St (​County Road 706). We are in the brick building 2 miles up on the right, with parking in the public garage across the street on the left, 500 ft. before Broad Street.

View from the free parking garage across the street

From I 676 South and Route 130 South

Take I-676 South and merge onto I-76 East. Take exit 1C to merge onto US-130 S/​Crescent Blvd toward Brooklawn/​Westville.  At the traffic circle, continue straight onto County Rd 551 North. At the next traffic circle, take the 2nd exit onto Gateway Blvd (New Broadway). Continue to follow Gateway Blvd   0.5 and take a Slight left onto NJ-45 South (Gateway Blvd). Follow this 3 miles to the fifth light, and turn left onto Cooper Street. We are in the brick building 500 ft. up on the left, with parking in the public garage across the street on the right.

Once you get into the building, come down the hall and we are on the left hand side on the first floor. If you have trouble with steps, there are three in the front.  Let us know and we will come help you.

Sign on our door

Free parking is available in the street and also across the street in a parking garage. Please do not park in the lot next to our building, which is not owned by our building, or a strange man comes out and yells at you and puts signs on your car. It will be very odd and uncomfortable. We watch him do this 10 times a day from our window.

You can also park for free in the street across from the building

   A Free Educational Seminar

   Covering topics from the legal, financial and emotional aspects and more of divorce

           Divorce is not for the uneducated. Knowing what you are entitled to and how to make    sure your rights and property are protected are paramount. Who to trust, what to do and  how to get started are just a handful of the questions for those going through the process or considering a divorce. If you or someone you know are getting a divorce or thinking about divorce, then don’t miss a free educational seminar – The Complete Divorce Course on Thursday, December 8,  7p.m. to 9 p.m. at The Cherry Hill Library in their Half Conference Center, Lower Level.

 Lynda Hinkle is spearheading the educational seminar as part of her commitment to the community.  This program is designed to help anyone seeking advice about divorce and might be intimidated to take the first step and seek legal advice and meet with an attorney.

“My hope is that the seminar offers more than just an education about the legalities about divorce but offers  a better understanding that there are many professionals available to assist families deal with all the pertinent  issues surrounding divorce; from how to deal with the finances or the emotional dealings of divorce. Divorce does not have to mean disaster.  This seminar is one-stop-shopping on divorce,” said Hinkle.  “It’s my hope that anyone that is in a bad situation will take advantage of this unique opportunity to come, learn and ask questions in a friendly atmosphere. It’s critical to be well informed about divorce,” said Hinkle.

The line-up of speakers includes the following:

• Lynda L. Hinkle, L.L.C.  - The legal divorce process from beginning to end!
• Roseann Vanella - Professional Mediator - Mediation – Contemporary and Cost Effective Approach to Divorce.
• Kay Larrabee - The Divorce Concierge of South Jersey – Steps you can take before a divorce action occurs that can protect yourself, your children and your assets.
• Dr. Michael Plumeri - Clinical Psychologist – Divorce an Emotional Experience
• Lynn DeVasto, CRPC, CDFA - Wealth Advisor- “Getting with the Right Financial Decisions” 

RSVP to Lisa Bien at lisabien@bienmarketinggroup.com or call her at 609-314-0952.

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If this had occurred in New Jersey, the answer is yes…and teachers, professionals and even lay persons who witness abuse should be aware that there is a mandatory reporting statute in New Jersey. Failure to report suspected abuse can carry a fine of up
to $1000 and six months in jail as a disorderly persons offense (see NJSA 9:6-8.14). For those concerned about the possibility that an employer will retaliate, New Jersey also has a Conscientous Employee Protection Act (CEPA, N.J.S.A. 34:19-1) which is one of
the strongest whistleblower protection acts in the country. If an employee reasonably believes that illegal activity is taking place (such as failure to report child abuse as described above), they are protected under that Act from employer retribution.

In the coming months as the scandal at Penn State plays out, it is most important that we all remember that children’s voices are smaller, and they need our voices to be loud and unwavering to protect them. Child abuse is prevelant, real and creates
a lifetime of damage. Do your part, and your legal duty. If you suspect abuse, report it.

To report abuse in New Jersey, 24 hours a day, 7 days a week, call 1-877-NJ-ABUSE. For more
information of the signs of abuse or how to report, visit http://nj.gov/dcf/abuse/how/ .

Many people who come to our office are new to the world of litigation and the hiring of an attorney. Many of our Clients, sensibly and understandably, have assorted questions about how and how much they will pay for our services. Common questions are “What do you mean when you say ‘retainer’?” “How much will this cost?” and “Is this a one-time fee?” In order to explain exactly how we as your attorneys will be paid and what it is that you the Client will be paying for, exactly, we like to provide everyone with what we hope is a brief but informative summary of how we as your attorneys earn and collect our fees.

Starting with the simplest and most straight forward issue, some legal matters are indeed billed by way of a one-time payment of a flat fee by our Clients. Things such as Wills, Trusts, and Powers of Attorney, traditional legal documents which have been drawn up for hundreds of years by attorneys, are quite frequently created for clients by our office, and many others, for the payment of a one-time fee. Other legal work, however, is frequently more complex, takes more time, and has no certain date as its end. These matters are usually taken as an “hourly billable” matter and will require the payment of, and usually a refreshing of, what is called a “retainer”.

When it comes to an hourly billable matter requiring a retainer, we as your attorneys are only paid by you the Client for the time we actually spend working on the legal aspects of your particular matter. We do this so that you do not pay us for time not spent on your legal affairs and also so that we are accurately compensated for the time we do utilize on your behalf. When it comes to these minutes, we—like virtually all lawyers—bill in an initial six minute increment and then by the individual minute after six minutes. These billable minutes will be drawn from a retainer.

So, what is a retainer? A retainer is a lump sum paid to a law office in advance, from which the office will draw its fees as it works on a Client’s affairs. It is not a flat fee or a one-time payment. In fact, we—like most law offices—require Clients to refresh their retainer to its original amount when only 25% of the original retainer funds remain. But please be aware that we here at the Law Offices of Lynda L. Hinkle know that these are tough economic times and we recognize that many times a Client will not have at their disposal a sufficient amount of funds to refresh their retainer completely to its original amount once a matter has begun its course. We’re hard working attorneys who represent hard working Clients, and we understand fully the value of a dollar and your need to provide for your family and your necessities. Talk to us. We will find a payment plan that works for you. While the amount of a retainer will vary from matter to matter, its purpose will always be the same. The retainer is a pool from which the law office will draw its fees as it continues to work for our Client. This allows your attorneys to work for you without worrying about payment and it ensures you the Client that your money is being earned, since you will be billed and have the opportunity to examine your bill before we as your attorneys pay ourselves for our work. The retainer system ensures hard work and honesty in both effort and accounting on the part of your attorneys.

You will have detailed information on how our time was spent on your matter. If you have any questions or issues, we always welcome dialogue. If you need to conserve funds on your matter, we can offer suggestions on ways we can reduce costs such as chasing down information on your own to provide us so that we do not need to spend our time on assembling discovery, responding promptly to our questions, planning conversations with us for maximum value, and other suggestions unique to your circumstances on how matters can be settled more promptly.

There are lawyers who deliberately extend the time spent on matters to increase their billable time. We can promise we will never do that. To us, resolving your matter as quickly and efficiently as possible is job number one. That being said, no lawyer can guarantee the amount of time that will need to be spent on a matter. How the other side reacts, your own decisions about what you will accept in negotiation, and other factors can significantly increase or decrease your bill. One factor you CAN control however is hiring the right lawyer who will put your needs above their billing…that’s us!

Maybe an employer has failed to take proper steps to protect employees from workplace hazards. Maybe a homeowner has failed to maintain his or her property, creating an unknown hazard to neighbors and invited guests. Or perhaps it’s a public entity who has improperly cut corners in building or maintaining a public park or school. When you are caused injury through no fault of your own, but rather through the avoidable and irresponsible negligence of another party and their failure to exercise that basic level of caution and diligence we as a society expect from our fellow citizens, that same level of caution and prudence you yourself maintain for others, you deserve to be compensated for your losses both present and future. You deserve the appropriate medical care and financial remuneration merited by your injuries. You deserve to be made as whole again as the law will provide.

That’s where we here at The Law Offices of Lynda L. Hinkle come in. You did not do anything wrong here. Your injuries are not your fault. You are not being “greedy” or “money hungry” by simply making a legal demand that the person or persons responsible for your injuries compensate you for your suffering and losses, both present and future. . Like most of us, many people injured by the negligence of others hope for the best and simply “move on.” They do not “want to cause any trouble.” They worry about how they will be perceived for pursuing legal action. They suffer silently from their physical, mental, and financial injuries for months or years, realizing too long after the fact that they are not “getting better,” that their injuries are not “just going to go away.” Don’t let this happen to you. Speak to our attorneys. Let us evaluate your claim. Let us have a trained medical professional evaluate your injuries. Don’t guess about your future physical, mental, and financial health. Be sure you are “going to be alright” before time shows that you will not recover and your time to receive proper compensation for your losses and the losses yet to come expires. You’ve been victimized by the negligence of another once already, don’t let it happen twice. The Law Offices of Lynda L. Hinkle, LLC—we’re here to help. Call us today for a free consultation regarding your claim. We know personal injury, and because we want to give you the attention you deserve we accept only a limited number of personal injury cases. Unlike many personal injury firms that take hundreds of cases at a time, we are a firm accustomed to providing individualized service in our other practice areas, and we take that model to personal injury as well. You won’t be a case file number, you will be a person…and we’re here to fight for you.

HELP? Help!

You can get your financial affairs in order. You can take back control of your future. There is a safety net built into our society, placed there specifically for people who have been forced into your situation. It’s called “bankruptcy” and it has been a part of the U.S. legal-financial system for well over 100 years. A properly filed personal bankruptcy stops creditors in their tracks. It holds collectors at bay, it stops wage garnishments and property levies, and it even has the ability to prevent foreclosure if filed in timely fashion. Bankruptcy is not “the easy way out”. Bankruptcy is not “cheating” anyone. Bankruptcy exists to help people who have been forced into dire financial circumstances get their financial affairs back in order so that they can once again become prosperous consumers and useful producers of consumer goods and services, the backbone of the American economy. Bankruptcy helps keep your home, it helps pay your bills or—in many cases—eliminate them entirely. Bankruptcy helps the filer in order to help us all.

As an individual or as a husband and wife (both spouses quite often will need not file), most consumer filers will file either a Chapter 7 or a Chapter 13 personal bankruptcy. Regardless of which Chapter you file under, the U.S. Bankruptcy Code provides that a given amount of many types of property and assets will be protected from seizure or sale by the trustee during a bankruptcy proceeding. At its most simple, if you have little or no unprotected equity remaining in your assets after the exempted amount is subtracted from their actual equity, there is nothing for the Trustee to seize and sell for a profit to pay your creditors, and you will keep the assets in question.

If you are current on your mortgage and can stay so, and your household income is at or below a statutorily-assigned number, you can probably file a Chapter 7 “liquidation” bankruptcy, in which all of your debts to “unsecured nonpriority creditors” such as most credit cards and medical expenses are liquidated, discharging you from the debt entirely. If, however, your income is above a statutorily-assigned number, or you are not current on your mortgage, you may be required by the Trustee to file a Chapter 13 Bankruptcy. In a Chapter 13 Bankruptcy, you will pay back a percentage of your debts over a 3 to 5 year period. How much of your debts and which debts will be repaid will be determined by your income and the nature of your debts. It is important to know that debts such as taxes, child support, alimony, and student loans are in general terms non-dischargeable debts, so it is not advisable to file a personal bankruptcy in order to avoid an eviction proceeding.

Whether a personal bankruptcy is the right option for you and, if so, whether that bankruptcy should be filed under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code is an important question and it requires a great deal of thought and analysis. Let us help you. That’s why we’re here and that’s what we do. At the Law Offices of Lynda L. Hinkle, we help our clients forge a better financial tomorrow through prudent bankruptcy filings today. Call us anytime for a free consultation, we’re here to help.

Are you ready for divorce?

Before you decide, have you considered the following:

- Have we tried everything to salvage this relationship? (Counseling, seeing someone at your church or synagogue, talking to family, talking it out?)
- Can you live with the consequences of starting the process of divorce? Are you financially able to survive the transition? Have you prepared yourself emotionally for the challenges you will face? Do you have a plan for where you will live and how you will get by? Have you spoken to an attorney about your legal options?
- Have you prepared your family and friends for the change ahead?
- Are you sure that this is a decision you are making for you, not based on what other people think you should want?

If your spouse has been abusive, you need to be particularly careful to prepare for the separation ahead by making a safety plan to protect you and your children. The most dangerous time in the cycle of abuse is when the abused partner attempts to leave. This does not mean you should not do it, just that you need to keep your safety at the top of your priority list and make a plan for an exit that includes professional help and safe places to go.

If your spouse is not abusive, but has a tendency to be dishonest or you fear they may be, it would be a good idea to gather up as much information about your shared finances as possible prior to letting them know that you are filing for divorce.

You also should see a lawyer privately BEFORE having “that conversation” so that you know what your options are and how to proceed. Even if you think you can work it out between you, a well written separation agreement is vital to protecting your interests in the long run. Many of our clients became our clients because they tried to download a separation agreement off the internet to save money and are now spending thousands to repair the damage of what they lost by not seeking appropriate legal counsel from the beginning. Negotiation and writing of a separation agreement can cost between $500-1000. Filing motions to fix what you messed up later (if it can even be done) will cost a lot more.

If you aren’t sure if you are ready, The Law Offices of Lynda Hinkle does offer free consultations in which there will be NO pressure to make the decision immediately. We can walk you through what your rights are and how to prepare, as well as how much money you are likely to need to save up to proceed. We encourage you to work it out if there is still love there….

But if you ARE ready, we’re ready to protect you.

Lynda L. Hinkle has been named one of SJ Magazine’s Top Attorneys in Family/Divorce for 2011. Hinkle was photographed at the Battleship New Jersey for the issue. About the photoshoot and the honor, she says “While I was growing up, my father worked on this battleship and others like them at the Philadelphia Naval Shipyard…my mother and he worked hard to put me through college. All the honor really belongs to them, and being photographed on the Battleship New Jersey was like coming full circle. I will continue to try to provide my clients with service, professionalism and caring, along with my Associate Jeff Kerstetter and our Of Counsels Carol Otvos and Lou Simoni.”

Attorneys are selected for the list by recommendation of their peers in the profession.