Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 14
  1. Can i file a suit agianst the nypd

    Answered 5 months ago.

    1. Richard E Weltman
    2. Aubrey C. Galloway
    3. Eric Edward Rothstein
    4. Glenn Johnston
    5. Kyce Siddiqi
    6. ···
    6 lawyer answers

    This may not require a lawsuit. Suggest you contact the police precinct's community relations officer. If necessary, elevate your request to police headquarters. Follow up on your meeting with a letter or email so there is a paper trail. If you eventually decide to sue the City of New York or NYPD you will need to file a notice of claim within 90 days. Search for appropriate I've changed your category to Civil Rights. You may wish to re-post your question in that Avvo category if you do not get...

    6 lawyers agreed with this answer

  2. How hard can the creditors go after you if you file for bankruptcy

    Answered 5 months ago.

    1. Barbie Dawn Lieber
    2. Richard E Weltman
    3. Blake Owen Brewer
    4. Glenn Johnston
    5. Dorothy G Bunce
    5 lawyer answers

    It's hard to say. Creditors (or a bankruptcy trustee) are able to object to your ability to receive a discharge or respecting the discharge of a particular debt. Every situation is different. Suggest you set up a consultation to meet in person and in confidence with an experienced bankruptcy attorney. Be prepared to discuss your situation, i.e., total assets, liabilities, income and cash flow, among other matters. You will discover that bankruptcy is not the right choice for everyone. Locate...

    6 lawyers agreed with this answer

  3. BANKRUPTCY WITH AN INCOME SALARY OF $70,000 YEARLY

    Answered 6 months ago.

    1. Richard E Weltman
    2. William J Popovich
    3. Christine B. Adams
    3 lawyer answers

    Many variables go into the calculation of the Means Test. You may qualify. Arrange to meet with an experienced NJ consumer bankruptcy lawyer. Find a qualified bankruptcy lawyer right here on Avvo.

    6 lawyers agreed with this answer

  4. Should I foreclose and declare bankruptcy sell at below what I owe or give back deed

    Answered 6 months ago.

    1. Barbie Dawn Lieber
    2. Richard E Weltman
    3. Russell Warren Dombrow
    4. Lynda Wesley
    4 lawyer answers

    Sorry to hear about your illness. Most important thing is to get the medical attention you need. You may give back the deed (known as a deed in lieu of foreclosure), but this may come with unwelcome tax consequences known as COD liability or phantom income for the forgiven portion of the debt. Bankruptcy chapter 7 is different, however. That said, generic legal advice in a public forum should not be relied upon for your particular situation. Best bet is to meet with an experience consumer...

    6 lawyers agreed with this answer

  5. What is going on with "frivolous lawsuits"? Are these kind of lawsuits still occuring in states? I recall a while back..A

    Answered 9 months ago.

    1. Brian C. Pascale
    2. David Ian Schoen
    3. Richard E Weltman
    4. Bruno Patrick Bianchi
    5. Steven Joseph Palermo
    6. ···
    7 lawyer answers

    There may be truly frivolous lawsuits. It entirely depends on you point of view. The media likes to lampoon some of these cases and the public--without being privy to all of the facts--eats it up. The McDonald's coffee suit though was based on a documented danger due to the high heat of the coffee and the fact that McDonald's was on notice of actual and foreseeable injuries to customers and did nothing. Be aware that the cost of mounting these types of personal injury lawsuits can be...

    6 lawyers agreed with this answer

  6. If my house is underwater, and in foreclosure, should I wait until its sold to file for bankruptcy?

    Answered about 1 year ago.

    1. Richard E Weltman
    2. Dorothy G Bunce
    3. Margaret Lambe Jurow
    4. Steven R. Neuner
    5. Richard D. Granvold
    6. ···
    8 lawyer answers

    Not necessarily. In fact, most folks do not wait for the foreclosure sale and there may be little or no reason to do so. The correct answer for you depends on your total debt and asset picture and whether you immediately require creditor relief. My point to you is that more information is needed to advise you appropriately. There is no one-size-fits-all solution. Confer with an experienced New Jersey bankruptcy attorney in person using the Find a Lawyer feature right here on Avvo. Best of luck...

    6 lawyers agreed with this answer

  7. I am starting up a cafe in New York and would like to set up an LLC solely to execute the commercial lease.

    Answered over 1 year ago.

    1. Richard E Weltman
    2. Michael Wayne Goldstein
    3. David Harlow Relkin
    4. Christopher Daniel Leroi
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    The LLC can be foreign in which case you will need to domesticate it in order to do business in New York. In either case, a new LLC with no assets or track record will probably need a guarantor with assets when signing the restaurant lease. In any case, I strongly suggest you sit down with a business lawyer (and your accountant) to review the proposed lease and understand tenant's legal and financial obligations. You will also need to properly set up, operate and maintain the LLC in order to...

    6 lawyers agreed with this answer

  8. How can I file bankruptcy on my student loans?

    Answered 6 months ago.

    1. John Howard Graves
    2. Richard E Weltman
    3. Jay S. Fleischman
    4. Russell Warren Dombrow
    5. Eric Edward Rothstein
    6. ···
    7 lawyer answers

    I agree with Mr. Graves. Under current bankruptcy law you probably would not qualify for an undue hardship determination by a New York bankruptcy court. By all means get a consultation with a New York bankruptcy lawyer who can assess your particular situation. You may also wish to contact your elected representatives in Congress about a change in the bankruptcy law. Many believe the law needs to change with the times and permit bankruptcy judges more flexibility when dealing with the requested...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can a Trustee from a Bankruptcy Chapter 11 ask for money that was paid 90 days before Bankruptcy.

    Answered 6 months ago.

    1. Michael Hal Schwartz
    2. Richard E Weltman
    3. Dana Whitney Atchley
    4. Ronald Allen Page Jr.
    4 lawyer answers

    This type of claim can result in an adversary proceeding claw back lawsuit based on a so-called preferential transfer. But there may be defenses and offsets. Engage the services of an experienced New York bankruptcy attorney who can review the documents and chronology carefully. These trustee claims are typically resolved out of court but you would greatly benefit from having a strong advocate representing your interests.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Re: Appellate Court: I filed an appeal of a temporary order TRO. After a few weeks I got a ruling from appellate that my appeal

    Answered 7 months ago.

    1. Eric Edward Rothstein
    2. Dana Whitney Atchley
    3. Richard E Weltman
    4. Glenn Johnston
    4 lawyer answers

    The appllate court is privy to the lower court records. You should have received a copy of the order from the lower court as well. This should not be a surprise to you.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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