Questions answered by Richard E Weltman

Archived

How much notice to postpone a scheduled court date?

Richard's answer | Answered on March 13, 2016

Give as much advance notice to the other attorney and the court as possible.do it in writing. It is a matter of courtesy. Yes, hiring a lawyer...

Archived

On a contingent case, if the attorney decides to stop representing you, do they have to notify you? In what timeframe?

Richard's answer | Answered on March 13, 2016

Contacting your attorney is the second thing you should do. The first is to read your retainer agreement carefully. There is probably something...

Archived

Can I sue the NJ Secretary of State for providing false information about where an LLC exists?

Richard's answer | Answered on March 13, 2016

No. The Secretary of State owes you no such duty. Hire an investigator or a lawyer. .

Archived

When does the trustee go to the home to search for cash during the bankruptcy process

Richard's answer | Answered on March 13, 2016

The trustee could certainly do so. So can the FBI which has jurisdiction over bankruptcy fraud. If you are not going to be entirely forthcoming it...

Archived

Can I still be sued if the statue of limitations has ran out? And also don't they have the burden of proof to prove I co-signed.

Richard's answer | Answered on March 13, 2016

Consult with an experienced debt collection lawyer and file a written answer. Put plaintiff to its proof. Not sure what you mean about the...

Archived

Person stop payments and moved a state away with no call

Richard's answer | Answered on March 12, 2016

You are going to have to sue her in PA to recover your property and money. You can certainly report the car stolen to local law enforcement. Too...

Archived

If a motion was denied and oral order vacated, what would prevent original order from being resurrected?

Richard's answer | Answered on March 12, 2016

Too much more needs to be known. Your attorney may be able to make a motion to renew the motion. Otherwise I suggest you get a second opinion in a...

Archived

I'm filing for bankruptcy and would like to know if I filed my tax return for 2015 and already spent the money do I still need t

Richard's answer | Answered on March 12, 2016

Disclose it you must. Tax refunds in New York are part of the cash exemption. Consult with an experienced consumer bankruptcy attorney about the...

Archived

Can I give some of my tax refund to family members prior to filing bankruptcy.

Richard's answer | Answered on March 12, 2016

Payment to family members within one year of filing for relief is scrutinized. Family members who receive the "gift" may be targeted to turnover...

Archived

In a Bankruptcy 13 Who decides on the validity of the secured debt and when? Trustee or the judge at filing or final ruling?

Richard's answer | Answered on March 12, 2016

Ms. Bunce is correct. The creditor's proof of claim will be presumed correct unless the validity is challenged for cause shown by debtor or the...

Richard E Weltman's Answers (2091)

How much notice to postpone a scheduled court date?

On a contingent case, if the attorney decides to stop representing you, do they have to notify you? In what timeframe?

Can I sue the NJ Secretary of State for providing false information about where an LLC exists?

When does the trustee go to the home to search for cash during the bankruptcy process

Can I still be sued if the statue of limitations has ran out? And also don't they have the burden of proof to prove I co-signed.

Person stop payments and moved a state away with no call

If a motion was denied and oral order vacated, what would prevent original order from being resurrected?

I'm filing for bankruptcy and would like to know if I filed my tax return for 2015 and already spent the money do I still need t

Can I give some of my tax refund to family members prior to filing bankruptcy.

In a Bankruptcy 13 Who decides on the validity of the secured debt and when? Trustee or the judge at filing or final ruling?