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Richard E Weltman
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Richard Weltman’s Answers

692 total


  • How can I find a Attorney that would do a contingency basis case? and where can I find a list to contact them?

    I need an attorney or law firm that's not affiliated with CUNY and can handle my case base on employment( Federal and state already submitted) and whistle blower laws and willing to take on a well organize group a agency The City University of New...

    Richard’s Answer

    Many employment lawyers here on Avvo will consider accepting a strong discrimination case on a contingency basis. Don't be overly concerned about the resources of CUNY. However as a municipal entity there may be shortened statutes of limitation and/or pre-litigation notice requirements involved. Be sure to move quickly to retain an experience lawyer so you do not miss a statutory deadline.

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  • Can a private student loan lender skip collections and just automatically sue you?

    I have a private Discover student loan (originally Citibank but bought, co-signed by my graduate school). I faithfully made my payments, on time, for years. I recently fell behind by only a few months - a grand total of $150 - during an unexpected...

    Richard’s Answer

    Typically there is no obligation whatever to proceed through a collection agency rather than directly to court by an attorney. The student loan must be scheduled when you file for bankruptcy relief but likely will not to be discharged in bankruptcy. Speak to your bankruptcy lawyer about your particular facts and circumstances. In the meantime, take a look at the default, governing law, and notice provisions of your student loan note.

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  • Replacing documents in bankruptcy

    Hi, If you wrote some personal information on a couple of your chapter 7 bankruptcy forms that were filed, is there any way to replace those documents with new documents with that information omitted before the trustee meeting? I know you can ame...

    Richard’s Answer

    Mr. Schwartz is spot on. Such relief would be unusual to say the least and you would likely benefit from engaging the services of experienced bankruptcy counsel to advocate on your behalf for such extraordinary relief. You would need to persuade the court that such relief would be equitable and tin the interests of the creditors and other parties in interest to permit you to redact the personal information you included on the bankruptcy schedules. More typically, the prior bankruptcy pleadings are amended and superseded but not replaced.

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  • I bought a lifetime subscription of Norton AV $350.00. Out of nowhere It was cancelled and I was told that I would get refund.

    I bought this software from Deshwal Business Solutions. I tried mailing them, calling them and emailing them for my refund with no luck. I contacted the Better Business Bureau and Consumer Complaint Agency to help me get my money back, but they ...

    Richard’s Answer

    I agree with my colleagues. The small claims court you want is in Queens County. South Ozone is not a municipality but a part of Queens which is one of NYC's five boroughs.

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  • A company has 6 different offices in NYS. They will not tell me their headquarter address for subpoena. How do I determine it?

    Or can I serve any of their addresses? Thank you.

    Richard’s Answer

    Contact the Department of State for the name of the corporation's registered agent for service of process.

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  • In NJ, how long does it usually take from the time a motion for Summary Judgment is filed

    until the hearing date?

    Richard’s Answer

    Depending on the facts and the response from the other side it could be two months or more before the summary judgment motion is heard. Some judges order discovery or arrange a conference before the matter is argued. Still other judges prefer to take the motion papers on submission without argument. Confer with a seasoned New Jersey trial lawyer concerning the particulars of your case.Best of luck with the motion.

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  • I am a senior citizen 76 years old. I didn't think I'd live this long but I can't meet my obligations. I have several bills an

    I have several obligations. What little money I have takes care of living needs. What can I do? These bills are from years ago.. I am very sad about the situation. Please do you have any suggestions? Thanks for your attention. Van

    Richard’s Answer

    You don't say how much you owe and how much you own. Bankruptcy is a serious decision (and many would say last resort) but more and more seniors are considering the bankruptcy option. In order to know whether bankruptcy is right for you, you need to arrange to consult with an experienced New York bankruptcy lawyer in a confidential office setting. When you do so you will be able to explore your bankruptcy and non-bankruptcy alternatives in light of your assets, debt and cash flow. Good luck.

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  • What is meaning of seo ?

    search engine optimization .web promotion online business

    Richard’s Answer

    SEO is a marketing concept more than a legal one. The typical promise is to improve your page-rank results in a Google-type search. Is there a reason why you ask this here?

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  • Currently doing an offer in compromise. filed it last year in June. My proposed OIC amount is for $10,000 dollars.

    I have made payments of $441.50 since then every month. With that payment plus the tax return amount kept, I am almost paid more than the offered amount. IRS still has not made a determination to accept the offer yet. In this case, what could be t...

    Richard’s Answer

    I agree with my colleague. It is all about your circumstances and resources. Contact an OIC supervisor to look into the status of your application. Send a certified letter reminding the IRS of the basis for your offer and the amount paid on account. Let the examiners know whether your financial circumstances have changed. You may wish to have your situation independently reviewed by a tax lawyer, CPA or enrolled agent. Good luck in getting this resolved.. I changed the category to Tax so more lawyers can weigh in.

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  • PRIORY YEAR DEBT CANCELLATION TAX?

    I declared bankruptcy but I just got a letter from IRS, regarding year of 2013. that one credit card had debt cancellation, so IRS saw as income, so I need to pay more. How should I avoid this ?

    Richard’s Answer

    Debt cancellation income recognition (or cancellation of debt income) is typically not recognized if the debt is discharged in bankruptcy. Contact your bankruptcy lawyer about the particular facts and whether the debt was originally scheduled when you filed. COD recognition rules can be complicated. Use the link below to visit the IRS website. There is an entire pamphlet which covers the topic and explains how to deal with COD assessments inside and outside of bankruptcy. One final thought is to seek the advice of a tax lawyer, CPA or an IRS enrolled agent.

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