Charles D. Whelan III, Esq.

New Jersey Attorney Committed to Excellence for over 30 Years

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Firm Overview

Civil litigation, real estate & bankruptcy law firm in New Brunswick is easily accessible for New Jersey residents
For more than 30 years, Charles D. Whelan III has been providing businesses and individuals throughout the State of New Jersey with reliable legal services. This full-service, general practice law firm -- with a convenient primary location in the healthcare city of New Brunswick -- handles matters in all twenty-one counties within New Jersey.

Charles D. Whelan III is AV Rated (Preeminent) by Martindale Hubbell

Charles D. Whelan III is dedicated to giving you sound legal advice. He is easily accessible, keeps his clients informed with frequent mailings regarding their cases, promptly returns phone calls and treats you with respect. The firm is ready to solve your legal problems in the fields of:
-Civil litigation
-Corporate
-Real estate
-Bankruptcy
-Title litigation
-Insurance
-Collections
-Zoning and land use
-Business law

Quality Representation at an Affordable Cost:
Real estate, bankruptcy and civil litigation demand knowledge of state laws and a skilled attorney who will be able to effectively litigate on your behalf in the courtroom. Attorney Charles D. Whelan III is an experienced civil litigator who aims to resolve your case in the most effective and cost-efficient manner. He is highly rated by Martindale-Hubbell for his professionalism and ethics. To better serve his clients, he also speaks conversational Spanish.

Mr. Whelan's client base includes everyone from individuals to insurance companies and larger corporations. No matter the complexity of your case or the size of your business, he will take the time to carefully review your legal situation and map out a solution that works for you.

Commercial and title litigation. Business law. Bankruptcy. Personal injury. Real estate.

Example cases

State v. Williams, 190 N.J. Super. 111 (App. Div. 1983); IEs LLC v. Simmons, 392 N.J. Super. 520 (Chan. Div. 2006).

Main Office

Main
114 Bayard Street
New Brunswick  NJ  08901

Phone
  • (732) 214-0300
Fax
  • (732) 214-9354

Fees

Free Initial Consultation?

Yes

Services Offered For Fixed Fees?

Yes, for consumer bankruptcy and real estate closings.

Hourly Rates

By arrangement.

Office Information

Office Hours

Monday through Friday 9:00 am to 5:00 pm

Office Manager

Vicki

Emergency After Hours

Yes

Languages Spoken

Some Spanish spoken.

Other Offices

  • Watchung Office
    475 Watchung Avenue, 2nd Floor
    Watchung,  NJ  07069
Bankruptcy
New Jersey Bankruptcy Lawyer
Helping You Find Debt Relief:
Filing for bankruptcy is an important decision that has significant implications for your life. But when mounting debt begins to prove unmanageable, bankruptcy can provide relief. Charles D. Whelan III will help you decide whether filing for bankruptcy is the most effective way for you to take control of your debt.

Negotiators of Debt Relief Options:
Bankruptcy is not your only option. Charles D. Whelan III, Esq.often works with creditors to develop out-of-court solutions that avoid bankruptcy. He can negotiate a smaller debt amount payable in more manageable monthly installments.

Experts in Debt Analysis:
Charles D. Whelan III has been assisting people with overwhelming debts for more than 30 years. He analyzes your case to determine if bankruptcy will advance your immediate and long-term financial goals. He reviews your debts, income and expenses, and explain the full effects of bankruptcy on your family, homeownership, business and access to credit. If bankruptcy is the right choice, he will provide detailed information about the bankruptcy process and a complete picture of the outcome you should expect. The firm's upfront and open approach to bankruptcy gives you confidence in your financial future.

Reprieve Through Automatic Stay:
Filing a bankruptcy petition automatically triggers a stay, meaning creditors must immediately stop collection letters and phone calls. Once your bankruptcy petition is filed, your creditors are notified and must refrain from taking any action against you.

Bankruptcy options we offer:
Chapter 7 bankruptcy
For individuals and their spouses who own fewer assets and earn smaller incomes, Chapter 7 bankruptcy grants relief from debts while allowing you to retain property protected by many exemptions provided by the Bankruptcy Code. .

Chapter 13 bankruptcy
An option for families facing foreclosure or whose incomes are higher, Chapter 13 bankruptcy permits you to pay off debts under a court-ordered installment plan extending three to five years. This option provides numerous advantages, including the possibility of keeping your home and cramming down excessive mortgage debt.

Assisting Creditors:
While bankruptcy laws are quite compassionate towards individuals who have fallen on hard times, they can be harsh on creditors who are forced to absorb a loss that helps finance the debtor's fresh start. However, if you have received a notice of bankruptcy by someone who owes you money, you should not assume that you have no rights. Charles D. Whelan III, Esq. has been helping creditors assert their rights against debtors in bankruptcy for 30 years. His strong knowledge of the bankruptcy code allows him to provide you with sound advice. In the event of debtor fraud, he may institute an adversary proceeding for you to have the money owed to you declared as an exception to the bankruptcy discharge received by the debtor.

What an "automatic stay" means to a Creditor:
An automatic stay is an injunction by the bankruptcy court that immediately prohibits creditors from seeking repayment of debts from the debtor. It doesn't mean you're out of luck, but it does mean any efforts to recover what you are owed must be directed through the court. Charles D. Whelan III, Esq. assists creditors in reviewing a debtor's bankruptcy petition to see precisely where opportunities exist for the creditor to advance his claim. He is aggressive in meeting the court deadlines, which come quickly and require detailed responses. He takes the stress off their clients' shoulders.

Secured Versus Unsecured Debt:
A loan that is secured by collateral gives the creditor a lien against a debtor's asset. This is a huge advantage in bankruptcy court, where secured creditors go to the head of the line. Often the issue is cut and dried, but where there is ambiguity about whether a debt is secured, a skilled attorney can make the difference for a creditor's chances of recovery.

The Honesty Requirement:
The U.S. Supreme Court has stated that the Bankruptcy Code "gives to the honest but unfortunate debtor . . . a new opportunity in life...." If the debtor took on the debt in bad faith or through some kind of dishonest manipulation, he can't discharge that debt. Likewise, if you believe there is misrepresentation or fraud in the debtor's bankruptcy petition, such as attempting to hide assets, you must bring those objections to the court. An experienced bankruptcy attorney can present a clear and convincing argument to help your cause.

Is your firm willing to help a client with one discrete part of a case, without taking on the whole case?

No

What are your policies about dividing work within the firm to make the process most cost-effective for the client?

We always do that.

How frequently does your firm use mediation, arbitration, or collaborative law to resolve cases?

All the time.

Does your firm provide pro bono legal services or otherwise participate in your community?

In addition to many one-time pro bono projects, I have volunteered as general counsel for Greater Plainfield Habitat for Humanity for more than 20 years, during which time 33 homes have been constructed.

What distinguishes your law firm from others?

Communicating with clients with plain language, respect and concern.

What is your firm's point of view regarding clients educating themselves on legal issues?

That is desirable.

Is your firm willing to review documents prepared by clients?

Yes

Is your firm willing to coach clients who want to represent themselves?

No

Charles D. Whelan III

Central New Jersey Law Firm

Practice Areas:
-Bankruptcy
-Business law
-Collections
-Commercial litigation
-Corporate
-Insurance
-Planning and land use
-Real estate
-Title litigation
-Zoning

Admitted:
-U.S. Court of Appeals, Second Circuit and U.S. Court of
Appeals, Third Circuit, 1987
-U.S. Supreme Court, 1986
-New York and U.S. District Court, Southern and Eastern
Districts of New York, 1984
-New Jersey and U.S. District Court, District of New Jersey,
1981

Education:
-Rutgers Law School Newark, J.D., 1981
-Rutgers University, B.S., high honors, Environmental
planning/design, 1978

Associations & Memberships:
-New Jersey State Bar Association
-Middlesex County Bar Association (Trustee)
-Commercial Law League of America

Biographical Details:
-Recipient, U.S. Law Week Award
-George H. Cook Honor Society
-Law Clerk to Hon. Samuel Allcorn, Jr., Presiding Judge, Appellate Division
-"Mechanics Lien Primer"; "ALTA 3: A Panacea for Zoning
Landmines," New Jersey Law Journal
-Who's Who in American Law. Who's Who in Emerging Leaders in
America.
-Superior Court mediator
-Expert witness in real estate law and legal malpractice
-Chairman of the Board, Central Jersey Chamber of Commerce
-General Counsel, Plainfield Area Board of Realtors
-Pro bono general counsel to Greater Plainfield Habitat for
Humanity (22 years)
-Attorney volunteer for NJ State Bar Association Mass
Disaster Relief Program

Reported cases
-State v. Williams, 190 NJ Super 111 (App Div., 1983)
-IEs LLC v. Simmons, 392 N.J. Super 520 (Chan. Div. 2006).

License
  • Bar Number: 021891981
    New Jersey , 1981
Education
  • Rutgers Law School Newark
    Juris Doctorate , 1981
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