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Association Officer and Trustee Nominations Open Retired Superior JANUARY 2014 THE BARRISTER Page 1 Published by the Camden County Bar Association VOL. 62, No. 6 JANUARY 2014 www.camdencountybar.org Retired Superior Court Judges to Receive the Hon. Peter J. Devine Award Coat Giveaway Thanks to the generosity of many Association Judge Eynon Judge Hyland Judge Mariano members and Forman Mills, the holidays came early for more than 100 Camden Elementary Recipients to be honored at January 22nd Cocktail Party School students who received warm winter Retired Superior Court Judges David G. Eynon, Richard S. Hyland and John B. Mariano have coats just in time for the cold weather ahead . been named recipients of the Association’s 2013 Honorable Peter J. Devine, Jr. Award. The The first round of the coat distribution award will be presented at an upscale Cocktail Party in their honor on Wednesday, January took place in early December at five Camden 24th at Tavistock Country Club in Haddonfield. Elementary schools with additional schools to Established in 1981 to remember and honor the popular Judge Devine, bar president in be visited . 1967-68, the Devine Award is the Bar Association’s most prestigious award. It is presented (Back row, l-r) H .B . Wilson Vice Principal annually by the Association in recognition of distinguished service to the Association and Janna Johnson, Association President Gary its members. Boguski, Wilson Principal Andrew Bell, Rev . This year’s award presentation features a three-hour upscale cocktail party with food Floyd White and Foundation President Lou stations and a cash bar. The awards will be presented during a brief formal program. Lessig posed with students who proudly Reception reservations are $65 per person and can be made by calling Bar Headquarters at showed off their new coats . 856.482.0620 or by mailing the reservation reply from the flyer inserted in this month’s issue Coats were also distributed to students at of The Barrister. Spouses and friends are welcome and encouraged to attend. Whittier, Davis, Sumner and Hatch Elementary Don’t miss this opportunity to congratulate and thank these three distinguished colleagues Schools . and friends for their commitment to the Camden County legal community and the community at large. Inside Association Officer and Trustee Bankruptcy Corner . 3 Personal Injury Law . 4 Nominations Open Planning for Tax-deductible Alimony . 5 We’re Looking for YOU! Guest Editorial . 7 The Association’s Nominating Committee Effective leadership is based upon ideas, is looking for Association members who but won’t happen unless those ideas can Criminal Law . 9 possess the leadership skills and desire be communicated to others in a way that Law Practice Marketing . 10 to help the Association build on its past engages them. achievements while meeting the challenges Put even more simply, the leader is the Wine & Food . 12 of the future for the benefit of its members inspiration for action. He/she is the person President’s Perspective . 13 and the legal community. who possesses the combination of personality Young Lawyer Happenings . 14 What is leadership? A simple definition of and leadership skills that makes others want leadership is the art of motivating a group to follow. Foundation Update . 15 of people to act towards achieving a common To that end, the Association Nominating Freedom is My Business . 19 goal and the ability to make things happen. Committee is seeking nominations for the Legal Briefs . 21 This definition captures the leadership offices of president-elect, first vice president, essentials of inspiration and preparation. (Continued on Page 8) Page 2 JANUARY 2014 The Barrister Published monthly, except July and August, by the The docket Tentative agenda Camden County Bar Association . Wednesday, January 8th for January 15, President Second Vice President Debtor Creditor Committee Lunch Gary W. Boguski Louis R. Moffa, Jr. Noon – 2 pm Trustees Meeting 199 6th Avenue 457 Haddonfield Road Mt. Laurel, NJ 08054 Suite 600 Tavistock Country Club, Haddonfield A tentative agenda for this month’s Cherry Hill, NJ 08002 President-elect Thursday, January 9th regular Board of Trustees meeting follows. Casey Price Treasurer 2014 Black Letter Blast on Criminal Law The meeting will begin at 4 pm at Bar 35 Kings Highway East Eric G. Fikry 4 – 7:15 pm Headquarters in Cherry Hill. All meetings are Suite 110 301 Carnegie Center Tavistock Country Club, Haddonfield open to the membership. Anyone interested Haddonfield, NJ 08033 3rd Floor Princeton, NJ 08540 Tuesday, January 14th in attending should notify and confirm their First Vice President Class Action Committee CLE Luncheon attendance by calling Bar Headquarters at Jenifer G. Fowler Secretary 856.482.0620. 76 East Euclid Avenue Ronald G. Lieberman Noon – 2 pm Suite 101 4 Kings Highway East Bar Headquarters, Cherry Hill I. Call to Order Haddonfield, NJ 08033 Haddonfield, NJ 08033 II. Minutes from Previous Meeting Wednesday, January 15th III. Treasurer’s Report Executive Director CCBA Board of Trustees Meeting IV. President’s Report Laurence B. Pelletier 4 pm 1040 N. Kings Highway, Suite 201, Cherry Hill, NJ 08034 V. Executive Director’s Report Bar Headquarters, Cherry Hill VI. Membership Committee Report Wednesday, January 22nd Board of Trustees New Jersey State Bar VII. Young Lawyer Committee Report 2014 Trustee Hon. Peter J. Divine Award Presentation Linda W. Eynon VIII. Standing Committee Reports Gregory P. DeMichele 6 – 9 pm John J. Palitto, Jr. Immediate Past President Tavistock Country Club, Haddonfield IX. Foundation Update Louis G. Guzzo Brenda Lee Eutsler X. NJSBA Update Justin T. Loughry Ombudsperson Michael V. Madden XI. New Business (if any) Robert G. Harbeson 2015 XII. Old Business ABA Delegate William F. Cook Richard A. DeMichele, Jr. XIII. Adjourn Eric A. Feldhake Ellen M. McDowell Editorial Board Jerrold N. Poslusny, Jr. John C. Connell Carl Ahrens Price Warren W. Faulk V. Richard Ferreri 2016 William Groble Carol A. Cannerelli Peter M. Halden Michael J. Dennin James D. Hamilton, Jr. Adam E. Gersh John J. Levy Tommie Ann Gibney John G. McCormick John P. Kahn Casey Price Young Lawyer Trustee Gary W. Boguski (ex-officio) Rachael Brekke Editorial Offices Views and opinions in editorials 1040 N. Kings Highway and articles are not to be taken Suite 201 as official expressions of the Cherry Hill, NJ 08034 Association’s policies unless so stated, and publication of Advertising contributed articles does not 856.482.0620 necessarily imply endorsement in [email protected] any way of the views expressed. Periodicals postage paid at Cherry Hill, NJ and additional offices (USPS 712 - 480) . Classified Advertising rates $30 per insertion Annual Subscription Rate $40 Be an active participant in YOUR professional organization. ATTEND MEETINGS AND FUNCTIONS! JANUARY 2014 THE BARRISTER Page 3 BANKRUPTCY CORNER A Cautionary Tale: The Trustee’s Sale of Property with No Equity By Ellen McDowell It has long been understood by bankruptcy lawyers in New Jersey Just as in the example above, there seemed to be no reason for the that if there is no non-exempt equity in real estate owned by the Debtor trustee to attempt to sell the Debtors’ residence as there would be no there is no risk that a Chapter 7 trustee will attempt to sell that real proceeds of sale available for unsecured creditors if the property were estate. After all, what would be gained if the trustee were to do so? sold. However, the Chapter 7 trustee found a way to generate cash from A recent opinion by the United States Court of Appeals for the property to pay creditors and sought to sell the home as a result. the Fourth Circuit must cause debtors’ attorneys to rethink this Specifically, the Chapter 7 trustee in the Reeves case negotiated longstanding concept and reconsider the advice we give our clients an agreement with the IRS which provided that if the home were who wish to discharge their debt in a bankruptcy proceeding. sold, the government would permit a portion of the proceeds of sale Let’s begin with the basics: John and Joan Debtor walk into your otherwise collectible by the Agency to be distributed to the trustee as a office and report owning a home worth $250,000. The mortgage “carve out” so the general unsecured creditors (and the trustee) could balance is $160,000. The mortgage is current, but the Debtors have be paid a dividend. Based on this agreement, the trustee petitioned the $50,000 in credit card debt and they are being sued to collect one Bankruptcy Court to sell the property. of their credit card bills. There is also a federal tax lien against the Understandably, the Debtors objected. They argued that because property for $25,000. The Debtors are working on entering into an they had claimed their $60,000 exemption under North Carolina agreement with the IRS to repay the tax obligation but would very law, the entire property was exempt and the property was no longer much like to keep their home so that their two teenage children can available to the trustee as an asset of the estate. The Debtors lost that continue to attend high school in their home town. argument in the Bankruptcy Court and again in the District Court. The analysis we would generally employ in advising Mr. and Mrs. They did not fare any better at the Fourth Circuit. Debtor is as follows: The Court of Appeals affirmed, holding that the Debtors’ home Fair Market Value of Home $250,000 was property of the estate under Section 541 of the Bankruptcy Costs of Sale to the Trustee (assume 10%) 25,000 Code and that under Section 522, only that portion of the property Balance $225,000 specified in the particular subsection exempting property was exempt, Mortgage balance 160,000 not the entire asset.
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