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Help with Divorce? Some Words of Comfort

October 18th, 2016 by

Denbeaux and Denbeaux Family Law

The end of a relationship or a divorce is an incredibly difficult and painful time in your life.  We understand that.  The only thing that even comes close is the death of a loved one and, for most people, divorce is worse.  Remember that this will hopefully be the hardest thing you have to face in your life.  Be kind to yourself.  Understand that you may not be functioning at the top of your game.  Or, you may feel like you are doing fine and then find yourself unexpectedly weeping in the grocery store cereal aisle.  That is normal and it is important to allow yourself to deal with your grief, anger and sadness.

Most importantly, please remember two things about divorce.  First, this too shall pass.  And second, we can help you.  We can comfort you, talk you off the ledge and fight for you.  Nick and I love this kind of work because of the incredible sense of accomplishment we get in seeing the difference between our first meeting with our clients and our last.  Our goal is to have you walk out of our office with your head held high, excited about and ready for the next step in your life.

If you want to talk to someone who understands what you are going through, please call me at (201) 664-8855. If you are ready to think about some of the more practical aspects of the divorce, please see below.

Denbeaux and Denbeaux Family Law

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You are going to have a lot of practical questions about the divorce process when you first meet with an attorney.  Obviously, I cannot answer all of those questions here.  You should make an appointment to meet with me or another qualified divorce attorney to discuss your specific situation in detail.  However, here are a couple of important things that should happen at the outset:

  • As you begin this process, you will need to gather your information and records, including all financial documents. This includes figuring out what your assets and debts are, as well as what your monthly expenses are.  This may take some time.

We recommend that you open a document on your computer, jot down all of the things you can think of, and leave it open for a couple of days, so you can add things as you think of them, such as that little retirement account from your job you left eight years ago, or paying for your kids’ haircuts.  We will sit down with you and go through all of your documents and help you figure all of this out.  It may sound daunting, but we can do it together.

  • Figure out exactly what you want to gain from the divorce. This is an important question and has two parts:
  1. First, you need to figure out what you need the court to grant, in addition to the end of your marriage, because any claim you do not raise in the divorce complaint is likely then waived. So, if your spouse has damaged your property, or if you want the Judge to legally change your last name, for example, those should be raised in the initial complaint.
  2. Second, you need to take the time to figure out what your goals are, what you really need to happen in order to move forward with your life. Figuring this out in advance help enormously in getting you there.  What are your financial needs?  Do you want to continue to live in your home?  What custody and visitation outcome do you want?  We can help you talk through all of this and then fight for the outcome that is best for you.

Episode 21 (10/14/16) FCRT Podcast: Adam Deutsch Esq., Views on the CFPB Decision

October 14th, 2016 by

Adam Deutsch, Esq.

In this episode of the Financial Consumer Rights Talk, attorney Adam Deutsch reviews the issue of the recent decision regarding the CFPB.

Adam Deutsch, Esq. host of the FCRT first reviews the October 11, 2016 ruling handed down by the Circuit Court of Appeals for the District of Columbia which involved fines that the Consumer Financial Protection Bureau (CFPB) levied on NJ mortgage lender and loan servicing company, PHH, in 2014.

In 2014, PHH was fined $109 million dollars by the CFPB for violating the Real Estate Procedures and Settlement Act (RESPA) by accepting illegal and undisclosed kickbacks from mortgage insurers. The fine came after the case against PHH was ruled on by an administrative judge who assessed a damage award of a paltry $6.4 million.

Next, Adam Deutsch discusses the decision to restructure the leadership of the CFPB, the origins of the current structure and how the change still gives homeowners access to private rights of action under federal law.

Senior Associate Adam Deutsch provides legal representation to help consumers who have been harmed financially, as well prosecuting cases related to predatory lending, false credit reporting, and illegal debt collection practices.

Financial Reform Summit NJCAEF Friday , Oct., 7, 2016 10am-3pm

October 6th, 2016 by

Newark, NJ – On Friday, October 7, 2016 several state leaders will join the New Jersey Citizen Action Education Fund’s (NJCAEF) seventh annual financial reform summit.  Financial Reform Summit VII: Consumer Protection and Economic Justice For All, will take place this Friday, October 7th from 10:00AM – 3:00 PM at the New Jersey Institute of Technology in Newark, NJ. The summit is free and open to the public and will bring together community leaders, advocates, students, elected officials, financial institutions, small business owners and other stakeholders to hear experts and leaders talk about some of the most pressing economic issues facing New Jerseyans.

Gail Hillebrand Associate Director of Consumer Education & Engagement at the Consumer Financial Protection Bureau will deliver a keynote address. New Jersey Citizen Action, (NJCAEF’s sister organization) will release its Consumer Finance Policy Agenda for New Jersey at the Summit. State leaders who will speak briefly to respond to the agenda include:  Congressman Frank Pallone, Jr. (NJ-6), State Senator Raymond Lesniak, Assemblyman John Wizniewski, Jersey City Deputy Mayor Marcus Vigil are confirmed guest speakers for the Summit.

“This policy agenda is what state leaders and legislators need to focus on if they intend to help New Jersyans overcome persistent financial hardships in their daily lives and in their efforts to manage their homes, put their children through school and take care of their family’s health,” said Phyllis Salowe-Kaye, Executive Director at NJCA.

 

WHATFinancial Reform Summit – Panelists will present and discuss:

Regulating Debt Trap Finance

Expanding Access to Capital and Building Financial Stability

Creating Pathways to Affordable Housing & Protecting Homeownership

 

WHERENew Jersey Institute of Technology in the Campus Center Atrium, 150 Bleeker Street, Newark, NJ 0710

WHEN10:00am to 3:00pm on Friday October 7, 2016

###

Beverly Brown Ruggia
New Jersey Citizen Action 
Community Reinvestment (CRA)  Staff
P: 973 643-8800 Ext 239 
Fax: 973-643-8100
[email protected]
744 Broad St.

Newark, NJ 07102

www. njcitizenaction.org

Check out CRA related campaigns & events below:

2016 Financial Reform Summit

Banking and Housing Campaigns

Consumer Protections

#StopTheDebtTrap

FCRT: Adam Deutsch Esq., Reveals Medical Fraud In Patient Billing

October 4th, 2016 by

Adam Deutsch, Esq.

In this episode of the Financial Consumer Rights Talk, attorney Adam Deutsch tackles the topic of medical fraud and how some health care providers improperly bill patients or services that should be paid by the insurance company.

Adam Deutsch discusses a growing trend of medical fraud reported by clients of Denbeaux and Denbeaux. Apparently, physicians are overbilling patients for procedures. The way the fraud appears is first they charge the co-pay and they bill again for changes that should be paid the insurance company.

The excuse given by the health care provider is that the claim was submitted too late to be paid, or the insurance company has refused to pay the claim.

The patient has no obligation to pay for charges agreed to by the provider and the insurance company, and the provider cannot pass on that demand for payment for the services to the patient.

The impact of this practice is that medical billing departments wind up harassing patients for payment. The patient in tum contacts the insurance company to clear up the matter. Even after the insurance company corresponds with the patient that this is not an acceptable practice and the patient is not obligated to pay the extra charges, providers continue to demand payment.

The problem then escalates when the matter is turned over to a collection agency, who in turn hires an attorney to sue to collect a debt not owed to them.

When faced with this situation patients do have a recourse which is to sue the health care provider, the collection agency, and the law firm for damages which include counsel fees and court costs.

Consumers who are victim to this kind of behavior are encouraged to question the bill and fight back against the provider’s fraudulent billing practices. If consumers ignore the situation and don’t fight back things can go from bad to worse to an absolute nightmare.

If a Complaint filed by the law firm that is hired by the collection agency goes unanswered a default judgment can get filed which can result in garnishment of wages and/or a bank levy on the patient’s bank account.

Adam Deutsch recommends that patients shouldn’t wait until they are sued before raising questions about medical bills and suspected medical fraud. If they are sued should immediately seek advice from an attorney.