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Richard E Weltman
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Richard Weltman’s Answers

671 total


  • Change from chapter 7 to chapter 13

    I had an attorney that talked me into filing a chapter 7 but then I found out that they can take my house because I own it free and clear. So I fired that attorney and the new attorney is telling me to change to a chapter 13. I just want to with...

    Richard’s Answer

    There may have been legitimate reasons why you went with a chapter 7 rather than chapter 13. The advice to convert to a wage earner plan seems sound but more needs to be known. For example, whether you qualify for conversion to chapter 13 based on your available earnings and disposable income, among other factors. You would do well to get a second opinion in a confidential office setting from an experienced chapter 13 practitioner. It is important that all the pros and cons be evaluated based upon your situation and financial circumstances.

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  • Can you stop a defendant from selling assets during a lawsuit?

    my former business partner owes me money. he has an apartment which i know is paid for. however i am pretty sure that as soon as he is served with the lawsuit, he will transfer or mortgage the apartment so that there will be no equity there. my q...

    Richard’s Answer

    What you are speaking about is a pre-judgment attachment order which is rarely granted. This area is too fact-dependent to offer a one-size-fits-all answer. If you have facts not just suspicions you should immediately confer with an experienced NJ business litigation lawyer in a confidential office setting. Disclose any special circumstances demonstrating that defendant is planning to leave the jurisdiction or is divesting assets in order to make himself judgment proof before any judgment can be entered. It is also possible that the actions you describe could be set aside by a court as a fraudulent conveyance. Either way you should engage counsel. Do not delay.

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  • I've decided to hire a particular lawyer for doing research to see if I am likely to win litigation and I would like to take

    the same lawyer for the litigation. It is important to get very thorough research before I get into this because the defendant is a bored and lonely multimillionaire who hates me passionately and is willing to pour almost unlimited resources into...

    Richard’s Answer

    The advice offered to you is sound. In addition, it makes no sense to me why any lawyer would agree to take on a research project and provide a litigation opinion on a strictly contingent basis. In such a scenario there is no upside for the lawyer. or stake in the outcome. You would do well to meet with an experienced NY litigator in a confidential office setting and discuss your particular concerns with him or her. You may wish to interview more than one lawyer to determine with whom you would feel most comfortable. Good luck.

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  • Someone stole the domain name of my website

    someone stole the domain name of my website and they re useing it like its there own i dont no who took it but how can i get them arrested and sued

    Richard’s Answer

    Depending on the facts and circumstances of you usage and ownership, this sounds like cyber squatting and there are federal laws which may protect you. You can do a whois search of the domain name to learn who is the registered agent/owner. Hopefully, it will be you. You should then immediately meet with experienced IP attorneys to learn what steps are available to protect your rights. I have changed the category to Internet so more may weigh in with suggestions for you.

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  • When you file a civil lawsuit in criminal court due to diversity, what state does your lawyer need to be able to practice?

    The defendant lives in CT and the plaintiff lives in NY. Is it possible I could hire a CA lawyer? Or if we need to file in a CT federal courthouse, can my lawyer be in NY? Or does it have to be CT? Or what about just an associated law firm?

    Richard’s Answer

    Not sure what you mean by a civil action in criminal court. Do you mean to say a civil action in federal court? Speak to your lawyer about the proper venue which in federal cases depends on many factors. All things being equal, if the defendant has most of its assets in CT you'll want a CT judgment. If you are represented by a CA lawyer s/he will probably expect to be admitted pro hac vice in CT (the foreign jurisdiction) and will likely engage the services of local counsel because that is what the rules require.

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  • Discovery time

    is a lawyer suppose to inform you when the discovery time is over ?

    Richard’s Answer

    The lawyer should not have to provide separate notice regarding the expiration of the discovery period. Typically there is a scheduling order issued by the court to the parties and counsel that is circulated by the court or clerk's office.

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  • Can I take legal action against someone who steals intellectual property using emails as evidence.

    I have been searching for an angel investor for an app idea I have. I was contacted by someone in South Carolina through email who wants to know my idea. I do not have a patent of provisional patent for the idea. So if this guy decides to steal my...

    Richard’s Answer

    The NDA is a good idea. Have it tailored by a NJ business lawyer so that governing law will be New Jersey venue and jurisdiction and venue are also fixed in New Jersey. This is important to you in the event that you run into a dispute and need to enforce the agreement in court.

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  • NYS civil suit. At depositions, plaintiff's atty didn't depose me.

    Friend gifted money, now says it was a loan. Her atty never asked mine if I had any documentation regarding these monies, which I do. At depositions, when my "turn" came, he said he had no questions for me. I never said a word the entire time. ...

    Richard’s Answer

    Your own lawyer is in the best position to say whether pre-trial strategy played a role in why you were not asked to testify.

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  • Did I get ousted from the LLC? What are my rights here?

    I formed an LLC with 2 other guys. We split the money to form the LLC evenly. We got an operating agreement but no one ever signed it (including myself). Now, the two other guys have basically paid themselves almost $45,000 total but I haven't see...

    Richard’s Answer

    You have statutory rights even without an operating agreement. If you are shut out you need to engage an experienced litigation attorney and business accountant to obtain an accounting and review the LLC's books and records. Do not delay. Good luck to you.

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  • Close business or change business name before lawsuit to prevent potential claims

    I heard some architects or contractors close their LLC every 2 years then operate business under a new LLC name. They said this can prevent them getting lawsuits from their previous jobs. Because people normally are not interested in suing entity ...

    Richard’s Answer

    You are getting bad advice. This is not a one-size-fits-all situation. Opening and closing businesses every two years in this way can set you up for fraud litigation or worse. Consult with an experienced business lawyer, accountant and insurance broker to limit your risk and protect assets. Corporations and LLCs, if operated properly, will protect owners from personal liability.

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