Now is not an easy time to run a business. The pandemic has badly hurt small businesses across America, and many have understandably fallen behind on their debts as a result. Fortunately, Chapter 11 bankruptcy creates a mechanism that businesses can use to restructure and establish a payment plan while they continue to operate.

WHAT IS CHAPTER 11?

Chapter 11 is a bankruptcy proceeding that allows a business to establish a repayment plan for its debts without liquidating its assets and without the owner losing control of the business. Under Chapter 11, the business’s creditors are subject to an automatic stay on collections while the business establishes a repayment plan.

Any business filing for Chapter 11 in New Jersey must pay a filing fee; undergo credit counseling to develop a repayment plan; file a disclosure form listing assets, liabilities, and its business plan; and propose a repayment plan. Once the business has proposed a repayment plan, creditors are allowed to analyze it and propose their own plans.

WHAT ARE THE MAIN DIFFICULTIES IN A CHAPTER 11 BANKRUPTCY?

First, the business’s disclosure statement must be accurate. The disclosure statement must describe the nature of the business as well as include a detailed financial analysis of assets, liabilities, the potential effects of liquidation, and the possibility of repaying debts under a payment plan. A proceeding can be dismissed if the disclosure is inadequate, so it’s important to have an experienced attorney help you prepare it.

Second, the repayment plan must be feasible, proposed in good faith, and be in accordance with the bankruptcy code. Feasibility means the business must be able to make the payments. Good faith means the plan can’t rely on illegal activity. Finally, the plan must pay creditors back fully before equity holders receive anything. The plan must also show that the creditors will receive at least as much as they would if the business were liquidated, and at least one creditor who will receive less than fully owed must approve the plan.

If you’re considering Chapter 11 bankruptcy for your business, contact Rosenblum Law for a free consultation today. Our experienced attorneys can help you decide if Chapter 11 is the best option for you, and if it is, they can make sure the process goes as smoothly as possible, so that you can get your life back on track.

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Reckless driving is driving a motor vehicle in a way that either unreasonably interferes with other people’s use of public roads or unreasonably endangers other drivers. A few factors that typically characterize a reckless driving offense are:

• Multiple traffic violations
• Causing a danger on the road
• Showing disregard for others

New York law punishes reckless driving more harshly than other moving violations. This misdemeanor offense carries serious penalties, like a real risk of jail time, fines and surcharges, points on your license, and possible license suspension.  It is also treated more seriously by judges and prosecutors.

Penalties include:

• Possible jail time (up to 30 days for 1st offense)
• Fines & surcharges
• 5 points on your license
• Possible license suspension

DEFENDING AGAINST A RECKLESS DRIVING CHARGE

Most people charged with reckless driving feel the officer was wrong. And some of them may have a point. The reckless driving offense leaves officers with a lot of discretion to decide what sort of driving they think falls within the offense, and sometimes they are wrong. 

There are two main defenses against a reckless driving charge. One is to claim there are no aggravating factors; that the driver did nothing more than commit a traffic violation. Remember that reckless driving is something more than a simple traffic violation. The prosecution might say something like, “the defendant purposely sped through the intersection, running a red light and barely missing several cars.” The defense will paint a different picture. For example, I might say, “my client misjudged his stopping distance and crossed the intersection just as the light turned red.” The first version sounds reckless. My version sounds like a simple traffic violation.

A second defense is that the driver didn’t endanger anyone else and was driving reasonably under the circumstances. This argument focuses on the letter of the law. You’re saying to the court, my driving didn’t endanger anyone, didn’t interfere with anyone’s use of the road, and wasn’t unreasonable, so how could I have violated the statute?

With the right representation, it’s possible to convince the court that your conduct doesn’t amount to reckless driving. If you’ve been charged with this offense in New York, contact Rosenblum Law for a consultation. Our expert attorneys are skilled at swaying the court and helping drivers avoid the consequences of a reckless driving conviction.

With a stroke of Governor Cuomo’s pen in March twenty-twenty-one, recreational marijuana was legalized in the State of New York. Individuals twenty one years and up can now possess and purchase certain amounts of marijuana without a medical reason. Predictably, the government is balancing access to marijuana with public safety. For this reason, driving under the influence of marijuana is still illegal in New York. In fact, the law has committed resources to developing better technology to detect drugged drivers. Driving while high is not only dangerous, but it can land you in deep trouble both criminally and civilly.

CRIMINALIZATION OF DRIVING WHILE HIGH

In the criminal context, the most obvious way you can get in trouble for driving while high is by being hit with a DWI charge. New York defines two DWI offenses criminalizing driving while high on marijuana. They are driving while your ability is impaired by drugs and driving while your ability is impaired by either multiple drugs or drugs combined with alcohol. If you are convicted of either of these misdemeanor offenses, you face fines, jail time, a suspended license, and a criminal record. Driving while high can also make you eligible for other serious criminal charges. For example, if you drive high, get in an accident, and cause another person’s death, you could be charged with felony vehicular manslaughter. A conviction could send you to jail for up to seven years.

CIVIL CONSEQUENCES OF DRIVING WHILE HIGH

Driving while high can also land you in trouble in civil court. If you get into a car accident, the other driver can sue you civilly for compensation for their injuries. The outcomes of these lawsuits depend on how much each driver was to blame for causing the accident. If it is established in court that you were driving under the influence of marijuana, the court will be much more likely to think you were at fault, since you were driving while impaired.

DEFENDING AGAINST MARIJUANA-RELATED CASE

Besides the risks of getting in trouble, driving under the influence of marijuana is plainly irresponsible. It puts your safety and the safety of others in jeopardy. However, if you do happen to be involved in a criminal or civil case where you are accused of driving while high, you may have a slight advantage. The reality is that we don’t know enough right now about marijuana’s effects on driving.  We also don’t have very accurate ways of measuring marijuana intoxication. This makes it hard for these accusations to consistently hold up in court.

If you are involved in a marijuana-related case or have been injured by a driver who was high and want to take them to court, contact us for a free consultation. At Rosenblum Law, our attorneys have extensive knowledge of how the law thinks about marijuana intoxication, and we demonstrate time and again our ability to get results for our clients.