Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 12
  1. Can I file bankruptcy without my husband being affected?

    Answered almost 3 years ago.

    1. Richard E Weltman
    2. Shawn Richard Kassman
    3 attorney answers

    You must file a means test with your chapter 7 bankruptcy (you do not say but you suggest you will not be filing a chapter 13 wage earner plan) and the means test incorporates six months' prior household income against standardized expenses. The schedules filed with the bankruptcy petition will present joint income and projected monthly expenses. So his income is included though his debts will not be. Bottom line is your filing may not or may not affect him. Confer with a bankruptcy...

    1 person marked this answer as helpful

  2. Situation with Daughter has changed a bit. She now has 3 collection agencys who are promising to give her the signed receipt?

    Answered almost 3 years ago.

    1. Richard E Weltman
    1 attorney answer

    Please refer to my prior response. Because of the likelihood of identity theft downloading your daughter's current credit reports from Experian, TransUnion and Equifax is more important than ever. A single link to the bug three credit bureaus is provided below. Once you get the basic information in writing from these collection agents you need to advise in writing that you only will communicate in writing. The notice may need to come from your daughter if she is the account holder....

    1 person marked this answer as helpful

  3. Breach of contract for a pet adoption

    Answered almost 3 years ago.

    1. Richard E Weltman
    2. Laura Mcfarland-Taylor
    2 attorney answers

    The general answer is no. Most rescue shelters are run on a shoestring by caring volunteers. Even so, I find it strange the rescue shelter gave you no receipt or papers, not even health records, for the dog. You should at the very least have access to those veterinary records to be sure the animal is healthy and has all required inoculations, etc. It could be the rescue shelter has posted rules and regulations pertaining to pet adoptions on its website or on its premises and the "...

    1 person marked this answer as helpful

  4. Should I make payments or should I let them take me to court to see what happens? If so, can a lawyer get my balance reduced?

    Answered almost 3 years ago.

    1. Barbie Dawn Lieber
    2. Richard E Weltman
    3. Mark Hankins
    3 attorney answers

    My law firm frequently negotiates payment plans or settlements with creditors. Each case is fact specific. However, be aware that if you pay less than the full amount owed there may be cancellation of debt (COD) liability to you. This means the creditor will likely report the amount of debt forgiveness to IRS and NYS Tax Department on a tax form 1098 and the taxing authorities will treat this as taxable income. You may wish t o consult your accountant or tax preparer about COD liability....

    1 person marked this answer as helpful

  5. I am a member of a credit union. The president runs it like it is his own personal business.

    Answered about 1 year ago.

    1. Robert Jeffrey Long
    2. Richard E Weltman
    2 attorney answers

    Your question is troubling and raises serious questions that require more information and are beyond the scope of this forum to fully answer. That said, if you see something wrong say something, even if anonymously. I observe however that there are more than 5,000 well-run, community based, member-managed, cooperative credit unions operating in the United States today. My law firm routinely represents the interests of credit unions in the courts of NY and NJ. Although my experience with...

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  6. I applied to golds gym application 5 years ago and ended up moving. Can they bill me for the two years I didn't go.

    Answered about 1 year ago.

    1. Richard E Weltman
    1 attorney answer

    Disputes over unused gym contracts are more common than you might imagine. These contracts are carefully constructed and updated following years of experience in court cases seeking enforcement and termination. Review your contract carefully. What does it say about cancellation in writing? Are there specific terms governing dispute resolution? You may wish to confer with a VA attorney (or the state AG) to see if you were defrauded or misled in some way or if other factors weigh in your...

    2 lawyers agreed with this answer

  7. Chapter 7 did not reaffirm, now my mortgage company is filing chapter 11.

    Answered about 1 year ago.

    1. Alan D. Walton
    2. Donny Emil Brand
    3. James Portman Webster
    4. Richard E Weltman
    4 attorney answers

    From what you say the Chapter 11 case is not likely to have any immediate effect on your mortgage obligation. But pay close attention to the Chapter 11 and monitor the proceeding through your bankruptcy attorney if possible. Things can change quickly in bankruptcy depending on what happens to your mortgage company in connection with its case and whether a plan is successfully confirmed. I suggest you stay in communication with your lender and pay close attention to the case. In...

    2 lawyers agreed with this answer

  8. On what legal basis can I ask for a relief from stay for child support arrearages in a Chapter 11 case my exhusband filed?

    Answered about 1 year ago.

    1. Walter C Oney Jr
    2. Richard E Weltman
    3. Alan D. Walton
    3 attorney answers

    Although bankruptcy Chapter 11 cases are governed by federal law, bankruptcy judges will often defer to a state court judge's ruling on marital obligations in matters of domestic support obligations (DSOs). Alimony and support obligations are governed by California law. Typically, a DSO is ordered by the state court judge only after notice and a hearing and full consideration of the facts and circumstances. One would anticipate that non-debtor spouses presenting DSOs to a bankruptcy...

    2 lawyers agreed with this answer

  9. Can a repair shop that my business did business with sue me personally for the balance owed? I did not authorize the repairs

    Answered 13 days ago.

    1. Richard E Weltman
    2. Adam Lefkowitz
    3. Matthew Erik Johnson
    3 attorney answers

    Corporations are known as limited liability entities for a reason. Generally, the owners or former owners are not liable to business creditors in the absence of a personal guaranty, fraud or other factors. And then there is the issue of successor liability, or whether the business purchaser is liable for the debts of the acquired company. In any case, this does not mean you should simply ignore the summons and complaint served upon you. If you do not respond within the allotted time you...

  10. Am I responsible for attorney fees?

    Answered about 1 month ago.

    1. Richard E Weltman
    2. Alan James Brinkmeier
    2 attorney answers

    The answer to your question is a matter of contract law. When you purchased your condo unit you agreed to certain governing documents permitting the HOA to operate the association for the benefit of all owners. If you reread these documents and the accompanying rules you will likely find the answer. In most cases legal fees and collection costs and late charges are imposed. if you cannot find your copy ask the property manager or the HOA lawyer. There is almost certainly a provision making...

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