Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 14
  1. In NJ, can I represent myself in a real estate sales transaction as one of two sellers (the other has an attorney who says NO)?

    Answered 9 months ago.

    1. Randall Philip Brett
    2. Richard E Weltman
    3. William C. Mack
    4. Michael T Warshaw
    5. Jaye L. Samuels
    5 lawyer answers

    You should consult with your own real estate attorney for your sake as well as that of your co-seller. But I am aware of no law prohibiting self-representation.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. For motion for attorney sanctions in federal court which court is MORE appropriate?In chapter 7 now NYS.

    Answered 3 months ago.

    1. Richard E Weltman
    2. Michael Hal Schwartz
    3. Blake Owen Brewer
    4. Shelley Ann Elder
    4 lawyer answers

    Mr. Brewer is entirely correct. Bring your evidence to the attention of court where the matter is pending. Engage an experienced New York trial lawyer immediately to evaluate your evidence and advocate appropriately on your behalf.

    9 lawyers agreed with this answer

  3. I am in financial debt where I need to file for bankruptcy. At the moment I am on time with my bills but it's drying my saving.

    Answered 6 months ago.

    1. Richard E Weltman
    2. Barbie Dawn Lieber
    3. Blake Owen Brewer
    4. Michael Hal Schwartz
    5. Candace Julia Arroyo
    6. ···
    9 lawyer answers

    Good questions, but there are many moving parts to a chapter 7 bankruptcy that cannot be easily answered in this public forum. Cash flow, income and means test results is one aspect. The nature of your exempt and non-exempt assets and secured, priority and unsecured debt is another thing. Your best bet is to arrange a confidential consultation with an experienced NJ bankruptcy attorney. Most will offer a free consultation. You should be able to find the right attorney here on Avvo.

    9 lawyers agreed with this answer

  4. Should I wait to accept a job until after I file Chapter 7?

    Answered 11 months ago.

    1. Richard E Weltman
    2. Richard D. Granvold
    3. B. Neal Burns
    4. Michael Hal Schwartz
    5. Jeffrey Grant Pierce
    6. ···
    6 lawyer answers

    If you require the chapter 7 filing to obtain relief from your creditors, there is no real reason to wait until you are employed again. In any case, the look-back period for purposes of the means test is six months only, calculated from the petition filing date. The means test is not recalculated again after you file.There is a lot of misinformation about this topic out there. It makes sense for you to meet with an experienced bankruptcy attorney in Onondaga County in confidence and lay out...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Is a Domain Name Intellectual Property?

    Answered 11 months ago.

    1. Richard E Weltman
    2. Robert Popescu
    3. Daniel Nathan Ballard
    4. Alexander H Butterman
    5. Maurice N Ross
    6. ···
    7 lawyer answers

    Most patent, trademark and copyright attorneys would agree that the domain name and its associated registration are part of a bundle of so-called intellectual property rights. Is your co-founder holding out for additional compensation? Right or wrong, the particular facts and circumstances need to be evaluated by a NY business lawyer who concentrates n intellectual property issues.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Are judgments still valid in Chapter 11?

    Answered over 1 year ago.

    1. Richard E Weltman
    2. Michael Hal Schwartz
    3. Eric Edward Rothstein
    4. Neil H. Ackerman
    5. Andrew T. Velonis
    5 lawyer answers

    You do not say when you won your judgment for a deposit. In addition, it is unclear what you mean by "it was issued during the middle of another type of bankruptcy." It is possible that your claim is not covered by the chapter 11 case as it is not a pre-petition debt. Do not guess. Confer with an experienced business bankruptcy lawyer to review your situation and determine whether it would be wise to make a motion for stay relief. Good luck.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. We filed a civil action over personal property in NY. Defendants sent an Answer denying just about everything except

    Answered 9 months ago.

    1. Richard E Weltman
    2. Mitchell Aaron Nathanson
    2 lawyer answers

    Not sure what you mean about only needing to prove 51%. Depositions are an important opportunity to learn about the other side's evidence and strategy in advance of trial. It also affords you the opportunity of freezing the testimony and being able to impeach the witness later if they chabge their story. Many advantages, few disadvantages except the cost of the reporter and hearing transcript. Based on your question, which cannot be adequately answered in this public forum, you should hire...

    Selected as best answer

  8. Can I get sued because of my product?

    Answered over 1 year ago.

    1. Richard E Weltman
    2. Michael T Warshaw
    3. Jeffrey Bruce Gold
    4. Daniel Nathan Ballard
    5. Bruce E. Burdick
    5 lawyer answers

    Products liability is an area of tort law designed to protect the public from unsafe products. It is a matter of how reasonable are the warnings and foreseeability of risk. Some products like power tools are inherently dangerous. Recall that McDonald's was successfully sued over its duty to warn concerning the high temperature of the coffee served. So, yes, there is always a risk that a developer and manufacturer of a product can be sued for presenting an unsafe condition. Consider getting...

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  9. Bankruptcy

    Answered 6 months ago.

    1. Richard E Weltman
    2. Brian Christopher Fetzko
    3. Bruce C Truesdale
    4. Sandra A Kuhn Esq.
    5. A. Todd Laster
    6. ···
    8 lawyer answers

    Sometimes chapter 7 bankruptcy is the right solution. Assuming a no-asset case, when a former lawyer is scheduled as a creditor and the bankruptcy discharge is granted the lawyer is stuck. This is not the kind of debt typically covered by credit insurance.

    8 lawyers agreed with this answer

  10. Filing chapter 7. should I pay off my unsecured debt so trustee will not force me into a chapter 13?

    Answered 10 months ago.

    1. Richard E Weltman
    2. Shaye Larkin
    3. Sandra A Kuhn Esq.
    4. William J Popovich
    5. Richard D. Granvold
    6. ···
    6 lawyer answers

    Based on your question it appears you may have been given misleading ideas about chapter 7 and chapter 13 bankruptcy. You would do well to meet confidentially with an experienced consumer bankruptcy attorney. Bring your pay stubs, list of assets and creditors, and your monthly expenses. From your question it is not clear if you qualify for chapter 7 or of a presumption of fraud arises as a result of the means test.

    8 lawyers agreed with this answer

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