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Richard E Weltman
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Richard Weltman’s Answers

795 total


  • Can I sue a bankruptcy lawyer to get my money back?

    I paid an attorney to file for bankruptcy more than 3 months ago and he hasn't done anything. I've called him to follow up and he keeps saying he's going to look into it. Last time we spoke was in mid December, I emailed him first week of January...

    Richard’s Answer

    The delay may be tied to information the attorney is seeking from you. Or it could be related to a 90-day reach back available to a bankruptcy trustee. Mr. Schwartz's suggestions are worth following. Give the attorney one last chance to explain the reasons for the delay and to let you know what financial and tax information may still be needed,. Clear communication between attorney and client is key. Make the effort before you start the process all over again.

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  • Can I register my business in Texas or Nevada if I'm gonna do my business in Ny? And which structure of business should i begin

    Hello! I want start a small business as a soccer coach, providing soccer training to kids in New York. Can I register it in Texas or Nevada because of the taxes? I have National F license to train 5-8 years old kids. Do I need any other certificat...

    Richard’s Answer

    Listen to the advice my colleagues have offered. Depending on your projected income and other factors you are probably looking at an S Corporation or limited liability company. New York incorporation is likely your best bet, but in addition to engaging a savvy business lawyer, you should also meet and work with an experienced business accountant before you make a final decision.

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  • Can I take legal action against my job? Thanks

    I fell at the front door of my job because they don't clean the snow well took me to Emergency room i have the X ray showed bruises (contusion rib).

    Richard’s Answer

    If the building is owned by a third party you may have a liability claim against the building owner and/or property manager. Regarding your own employer it sounds more like a workers compensation claim. All such claims are time sensitive so do not delay. Get legal help immediately.

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  • Am I legally required to repay him for a gift? And if he sued, would he have a good chance of winning?

    My ex started to harass me and I became so scared of my safety that I ultimately filed a restraining order against him. What led him to threaten me and blackmail me was over a gift. It was a few hundred dollars, but it was a gift. I could understa...

    Richard’s Answer

    If your ex continues to threaten you and violate the restraining order you should contact the police. A civil dispute is one thing, but threats of "major harm" to you, your family and career, if proven, is a criminal act in New Jersey and most other states. There is no Avvo category for Harassment but I changed the category to Family so more attorneys can weigh in. Good luck to you in getting this resolved.

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  • Can I legally use a preferred last name in business without going through the legal name change process?

    I am starting a business and I would like to use (and be known by) a preferred last name. If my legal name is Beth Knight. Can I use Beth Smith? I'd use it on LinkedIn, for business transactions, on business cards, and during introductions to peop...

    Richard’s Answer

    You can do what you want so long so long as you are not out to defraud creditors. However, unless you legally change your name there is bound to be confusion between your legal name--on your credit cards, passport, birth certificate, diver license and legal contracts--and your chosen nom de plume.The process to change your name legally is fairly straightforward. Just engage a lawyer and do it.

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  • I'd like a legal advice about how can I protect my business, what are the risks and the precautions that I have to take. Thanks

    Hello! I rent my apartments through Airbnb in New York.

    Richard’s Answer

    This is perhaps too broad a question for this "business" forum. I changed the category to Real Estate. The biggest risk is liability if your apartments suffer property damage or you are sued due to a guest's injuries. Since the airbnb insurance offered is typically secondary, a big question is whether your residential policy will disclaim for commercial pursuits. Speak candidly with your insurance agent about your coverage. You may want to incorporate or add a special rider for additional perils. You should meet with an attorney experienced with liability insurance and property claims. Take a look at the attached New York Times article which identities some of the uncertain coverage risks relating to typical homeowners or renters policies. The law in this area is in flux so ask the right questions now to avoid big trouble later. Good luck.

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  • Does a pro se litigants have to verify an answer to Bill of particulars ?

    I filed a action against a officer in his individual capacity .Since the officer failed to answer I won by default and I had never filed a notice of claim . Somehow down the line the Under Sheriff was made aware of this default judgement and cou...

    Richard’s Answer

    The prior answers are correct. Pro se litigants must follow the very same court rules as parties represented by legal counsel.

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  • Credit Scores

    I signed up at Creditkarma to keep track of my credit scores. I just received a credit score from my credit card company for one the three credit reporting agencies. Said score is 100 points lower than what credit karma says this credit agency i...

    Richard’s Answer

    I agree with my colleagues. It is also true that different credit bureaus use slightly different algorithms and may have more or less credit information reported..

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  • I want to file proceedings for a shareholder dispute however I'm unsure if this should be done in New York State or Delaware?

    I am a 50% shareholder in a Delaware corporation. We have offices in NYC and really have no business in Delaware. We did not execute a shareholder agreement.

    Richard’s Answer

    It sounds like you and the other shareholder are both in New York so you should initially meet with a New York business lawyer familiar with Delaware corporate law. Many such actions have been brought in New York but you should get a legal opinion about the pros and cons in a confidential office setting.Bring the Certificate of Incorporation, Bylaws, and corporate stock book to the meeting. Good luck.

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  • Question about judgment creditor responsibility

    I had a judgment entered against me for $30,000. Part of it was paid. The creditor now attempts to collect the balance but his balance disagrees with mine. Is he obliged to provide me with an accounting for my review?

    Richard’s Answer

    Not sure why this is posted in the bankruptcy category. Should be posted in litigation or creditors' rights. Nevertheless, if you dispute the judgment-creditor's claim in writing and request a detailed accounting, a copy of the entered judgment should be provided to you. It sound like you may have failed to contest the amount and demand an accounting when the creditor originally sued you in court and now the creditor won a judgment against you. Confer in confidence (and in person) with an experienced New York litigation attorney regarding appropriate next actions. Good luck to you.

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