COUNSELORS AT LAW

PRACTICE AREAS

 

Land Use and Zoning

Jonathan Heilbrunn and Kenneth Pape have represented property owners, developers, builders and banks in the pursuit of development approvals for properties throughout the State of New Jersey for over 35 years.   The attorneys of Heilbrunn Pape have represented clients as varied as local, regional and national commercial business operators and local, regional and national real estate developers.  The clients include Atlantic Realty, K. Hovnanian Enterprises, Hotels Unlimited, 19 Petroleum, Raceway Petroleum, Caruso Enterprises and charitable and religious organizations. Heilbrunn Pape has represented, in recent years, Western Monmouth Habitat for Humanity, St. Joseph’s Roman Catholic Church of Perrineville, Queen St. Mary and Prince Tadros Egyptian Coptic Church, Bris Avrohom, and Mount Ararat Baptist Church.

 

Legal services provided by our firm include representation before local, county and state boards and agencies.  Our comprehensive knowledge of relevant law, together with the policies and procedures of the agencies having jurisdiction over the development of real property in New Jersey, has provided invaluable assistance to our clients.  Our firm’s goal is to secure development approvals on an expedited basis and move the project from inception to conclusion as quickly as possible.

 

Commercial Real Estate

You may be in the market to buy or sell commercial real estate.  You may need a lease as a landlord or as a tenant.  You may be involved in other matters that are known as commercial transactions.  You will want an attorney with many years of experience in these areas.  You should consult with our attorneys at Heilbrunn Pape in these important matters.  We are prepared to assist you in the following types of transactions:

 

  • Real estate leases (commercial and residential)
  • Purchase or sale of real property
  • Acquisition and construction financing
  • Sales and acquisitions of buildings
  • 1031 Exchanges
  • Joint ventures
  • Construction loans representing lenders and/or borrowers

 

Heilbrunn Pape is eminently qualified to handle issues that may arise during these transactions in an effective and efficient manner.  Call us at 732-679-8844 to make an appointment to discuss your matter. 

Residential Real Estate

 

If you are in the market to sell your home and/or purchase a new one, contact Heilbrunn Pape.  Our experienced real estate attorneys will work closely with your broker, mortgage company and the title company to assure a smooth closing.  As part of your real estate team, we will guide you through the entire process and provide the legal advice that you require in the complicated residential real estate market.   We are aware that the purchase or sale of your real property is considered a significant life event and you should have someone assisting you with the experience to make the process as smooth and easy as possible.

 

Call us at 732-679-8844 to discuss your real estate transaction or set up an appointment to meet with one of our knowledgeable attorneys.

 

Commercial Transactions

Heilbrunn Pape has been assisting clients with transactional matters and contracts since its inception in 1929 under Sylvan Heilbrunn. 
These include, for example:

 

  • Business mergers and acquisitions
  • Contract review and preparation
  • Partnership and Limited Liability Company (LLC) formation and dissolution
  • S corporations, C corporations
  • Franchise, commercial real estate transactions
  • Business succession planning
  • Buy-Sell Agreements
  • Business and shareholder disputes
  • Restaurants, bars, liquor licenses
  • New Jersey franchise law

 

Sound business planning today can help avoid trouble tomorrow, protecting vital business interests is important to the success of any company.  For more information call us at 732-679-8844 or to set up an appointment.

 

Civil Litigation

Whether you have a case that requires litigation or arbitration or mediation (also known as alternative dispute resolution) or is already in one of those areas of the law, you can count on the experience of the attorneys at Heilbrunn Pape to provide you with the guidance that you require.  The attorneys at Heilbrunn Pape know that these types of matters are often complex and you will need a litigator with the skill and knowledge to fight for your best interests and accurately present the facts of your case.  Our firm is dedicated to providing you with the service and representation you deserve whether your matter is in the Law Division, Special Civil Part or Small Claims Part.

 

We provide skilled, aggressive business litigation representation in breach of contract disputes and other commercial lawsuits.

Call our attorneys at 732-679-8844 to set up a consultation to discuss your litigation matter.

 

Domestic Relations

Without questions, one of the most stressful life events is being involved in a DIVORCE.  At Heilbrunn Pape, we will guide you on the law during this time and help you understand its relation to the facts of your case.   Whether you need more information about the process and protection of your assets and/or the support aspects of your case or you have already decided to file for divorce, contact our firm for a consultation.

 

If you have children, you should also know about CHILD CUSTODY.  There are two types of child custody and we at Heilbrunn Pape will educate you on both.  There is legal custody and residential custody.  Residential custody involves a determination of where the children will reside.  Legal custody provides for decision-making about schooling, religious training, college education as well as all matters concerning the up-bringing of your children.

 

When there are children, each parent is expected to contribute to their CHILD SUPPORT.   It is the amount of money determined by formula from the Court Rules based on the actual or imputed income of the parents with overnight parenting time factored in with the cost of health insurance.  Child support belongs to the child and not to the residential parent.  Parents pay child support until the children are emancipated meaning no longer dependent on the parents for their actual support.  The attorneys at Heilbrunn Pape will prepare what are known as the Child Support Guidelines when they are presented with the facts of your case which will advise how much each parent will contribute to raising the children.

 

Sometimes, one of the parties to a divorce may be entitled to receive or be required to pay ALIMONY.  Since the change in the alimony laws in September 2014, the factors that are considered by the Courts have changed considerably.   We at Heilbrunn Pape will assist you in the determination of alimony that you may pay or receive.  There are now two categories of alimony:  open durational alimony and limited durational alimony.  The determination of qualification for alimony and the length of the term is a complicated matter.  You should contact our attorneys for a complete understanding of this facet of a divorce.

 

More likely than not, you will have accumulated assets during your marriage that will require a fair and equitable plan to divide them.  This is known as EQUITABLE DISTRIBUTION.  Equitable does not mean equal but means fair.  You should consult our attorneys about the distribution of property such as the marital residence, furniture, vehicles, pension and tax deferred plans, stock, bonds, mortgages, credit card debt and other forms of property whether real or personal.

 

Sometimes, it is necessary for one party to obtain a DOMESTIC VIOLENCE RESTRAINING ORDER.  The first step, if the situation warrants, is to obtain a Temporary Restraining Order (TRO).  The second step is for the victim to receive a Final Restraining Order (FRO).   If issued, a TRO remains in effect until a hearing is held with both parties present when a judge will determine if there has been sufficient evidence presented by the person in need of protection to grant that person a FRO under the Prevention of Domestic Violence Act.  Since there are grave consequences for both the victim and the person who is alleged to have committed the act of violence, immediate contact with one of our attorneys at Heilbrunn Pape should be made.

 

Our attorneys handle the following domestic relations matters for our clients and in the following counties:

 

  • Divorce and separation
  • Dissolution of domestic partnerships/civil unions and same sex marriages
  • Visitation and parenting time
  • Child custody
  • Child support
  • Mediation and arbitration
  • Alimony and palimony
  • Pre- and post-nuptial agreements
  • Children’s educational needs
  • Enforcement applications to the Court
  • Modification applications to the Court
  • Relocation applications with a child
  • Equitable distribution of property – real and personal
  • Qualified Domestic Relations Orders
  • Domestic Violence Restraining orders

 

Contact our firm if your domestic relations matter is in Monmouth, Middlesex, Ocean, Union, Burlington, Mercer or Somerset Counties.

 

Bankruptcy

If you feel that your financial problems are overwhelming or you are experiencing feelings of financial failure, you should consider a fresh start.  BANKRUPTCY does not have to ruin your life.

 

A bankruptcy petition is an option that offers financial reorganization and financial peace of mind and it certainly does not mean that you have failed.
Many successful people have suffered severe financial setbacks before they experience success and have had to file for bankruptcy.

 

There are a number of different types of bankruptcies but the more common types for consumers are filings under Chapter 7 and Chapter 13 of the United States Bankruptcy Code.

 

A Chapter 7 bankruptcy petition is often called a “straight discharge” or “liquidation” bankruptcy because, if you qualify (by income), all of your unsecured debts will be discharged.  That means that you will not have to pay debts such as credit cards, medical bills and any other debts for which you have not given something called collateral such as a car or your home.  The bankruptcy code includes many exemptions which means that you will be able to keep most if not all of your real and personal property.

 

A Chapter 13 bankruptcy petition is a consumer reorganization similar to what companies do under Chapter 11 of the Bankruptcy Code.  In this type of bankruptcy, a consumer pays off all or part of their debts through a plan of reorganization that must be approved by the Court.  One of the most advantageous uses of the Chapter 13 bankruptcy petition is to stop a foreclosure on your home or stop a repossession action against a car.  By filing a Chapter 13 petition, you invoke what is known as the automatic stay and then set up a plan whereby you can pay your mortgage arrears through the Bankruptcy Court as monitored by a person known as the Standing Chapter 13 Trustee in Bankruptcy.  Bankruptcy plans such as these are usually paid out over 36 or 60 months at a fixed rate with a modest commission to the Standing Chapter 13 Trustee.  This helps you cure secured debt.  For unsecured debt such as credit cards, the amount that you pay is based on the amount of your net income left over after your household expenses have been subtracted from your gross income (less taxes).  In a Chapter 13 bankruptcy, you get to keep all of your possessions.  It is ideal for someone (1) who wishes to pay all or part of their unsecured debts; (2)  has valuable non-exempt property that would be lost in a Chapter 7 case; (3) has income that is too high to file a Chapter 7 case based on the Means testing required; (4) is not eligible for a Chapter 7 discharge; (5) has one or more debts that are not dischargeable under Chapter 7 but are dischargeable under Chapter 13; or (6) needs relief from creditors in order to work out a plan to pay debts for which they have enough assets to do so.

 

Sometimes, it may be necessary for individuals to file for protection under Chapter 11 of the bankruptcy code.  Our attorneys can provide you with the appropriate guidance to make that determination.

 

Let us advise you of your rights under Chapter 7, 11 or 13 of the bankruptcy code.  Let us help you decide if filing is right for you. 
Call Ron Reich at 732-679-8844 to set up a consultation or send him an email.

 

Municipal Court

Once a township public defender, Steven Kropf has experience that gives him the insight to build a strong case for clients because he knows the procedures and strategies of how the authorities will defend your case. He is an aggressive litigator and negotiator, equally as comfortable in the courtroom as he is at the negotiating table.

 

Steven Kropf is the type of advocate that you want to have representing you in the following areas:

  • Criminal law
  • Traffic law and motor vehicle summonses

 

Call 732-679-8844 for an initial consultation or send Steven Kropf an e-mail regarding your criminal or traffic matter. 

 

Chancery Practice

Civil litigation in the law division of the Superior Court seeks money damages.  The Chancery Division provides what is known as equitable relief and also hears cases in which, in addition to estates, handles the following cases:

 

General Equity Part

  • Specific Performance.  Enforce the performance of contracts, trusts and fiduciary obligations
  • Reformation and Rescission of Contracts. Re-execute or correct instruments lost or erroneously drafted
  • Fraudulent Asset Transfers. Set aside transactions that were illegal, fraudulent, etc
  • Emergent Relief. Stop actions that will cause irreparable harm; i.e., requesting preliminary injunctions or other emergent relief
  • Foreclosures.  Mortgage foreclosure, and tax foreclosures involving real estate
  • Actions to quite title disputes concerning real estate
  • Partition of Real Estate.  The Chancery Court has the equitable power under New Jersey law to divide land and split it among co-owners such as tenants in common.
  • Business Divorce Cases. Partnership and shareholder disputes
  • Restrictive Covenants. Enforcement of restrictive employment covenants, and covenants not to compete

 

If you think that you have such a case, contact an attorney at Heilbrunn Pape and set up a consultation to see how we may assist you either filing in the Chancery Court or defending a case filed against you or your company in the Chancery Court. 

Heilbrunn Pape, LLC serves towns in the following counties:

 

Servicing Counties and Towns in New Jersey

Monmouth County:

Freehold, Freehold Township, Manalapan, Marlboro, Morganville, Howell Township, Millstone Township, Matawan, Colts Neck, Holmdel, Tinton Falls, Manasquan, Red Bank, Belmar, Spring Lake, Long Branch, Ocean, Deal, Sea Girt, Eatontown, Brielle, Rumson, Atlantic Highlands, Middletown, Keansburg, Allenhurst, Asbury Park, Upper Freehold Township, Wall Township, Oceanport, Neptune, Keyport, Union Beach, Farmingdale, Aberdeen, Little Silver, Fair Haven, West Long Branch, Shrewsbury, Englishtown,  Roosevelt, Interlaken, and Lake Como.

 

Middlesex County:

New Brunswick, East Brunswick, North Brunswick, South Brunswick, Old Bridge, Milltown, Spotswood, Edison, Middlesex, Monroe Township, Sayreville, Piscataway, Woodbridge, Perth Amboy, South Amboy, Metuchen, Highland Park, Helmetta, Cranbury, Carteret, Parlin, Jamesburg, Fords, South Plainfield, Dunellen

 

Ocean County:

Toms River, Lakewood, Jackson Township, Ocean Township, Barnegat, Pt. Pleasant Beach, Pt. Pleasant Borough, Seaside, Seaside Heights, Brick, Beach Haven, Mantaloking, Plumsted, Lacey Township, Lavallette, Island Heights, Harvey Cedars, Manchester, Lakehurst, Ship Bottom, Pine Beach, Bayville, Whiting, Long Beach Township

 

Mercer County:

East Windsor, West Windsor, Princeton, Ewing, Hamilton, Hightstown, Hopewell, Robbinsville, Titusville, Trenton, Pennington, Lawrence

 

 

Please call our attorneys for a consultation regarding your land use development project.

Call us at 732-679-8844 to make an appointment to discuss your matter.

 

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