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Richard E Weltman's Answers (2091)

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I took a partner in, March, by April it was a mess, June she said she is "Walking away, 4 months later Shes back Help ? Legal ?

Richard's answer | Answered on September 10, 2014

You need to confer with an experienced New York business litigator at once. This is a classic "business divorce" situation. Delay is not your...

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If a partner charged with deception , fraud & theft can the partnership be dissolved.”

Richard's answer | Answered on August 28, 2014

The answer is it depends. What do the governing documents (i.e., partnership agreement, operating agreement, shareholders' agreement) say regarding...

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Is there any way to go bankrupt on a Parent Plus Loan?

Richard's answer | Answered on August 22, 2014

Mr. Schwartz is correct. Educational loans are typically not dischargeable. "Undue hardship" is the standard for getting relief in connection with...

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Does plaintiff not have a right to have a defendant testify under oath?

Richard's answer | Answered on August 22, 2014

Not certain what you are asking about when you speak about testifying under oath "why defendant is in dishonor." Perhaps you mean in breach of...

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Statute of Limitations (NY State)

Richard's answer | Answered on August 21, 2014

Confer with an experienced New York trial lawyer about vacating a default judgment. The rules are tricky (even for judges) and not entirely...

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Can I enter into an enforceable contract to purchase a house from someone who just filed for chapter 13 with an automatic stay?

Richard's answer | Answered on August 21, 2014

See a New York attorney who understands the intersection of bankruptcy law and New York real property conveyances as quickly as possible. You will...

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When filling out Schedule F..

Richard's answer | Answered on August 21, 2014

The rule is to include as much creditor information as you have and are able to reasonably obtain. Bankruptcy involves transparency and complete...

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Can one company cofounder promise to personally pay another cofounder for their shares?

Richard's answer | Answered on August 21, 2014

Hire an experienced business lawyer with securities law expertise to review your proposed plan as well as the company's existing documents. Speak...

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Can I sue under NY ADC Law § 27-2005 and § 27-2004? If not, who can?

Richard's answer | Answered on August 21, 2014

From your question it appears you are a tenant in the cooperative unit rather than an owner. If so, contact a New York landlord-tenant attorney...

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My items in a storage facility have been auctioned without notifying me. What can i do? Can i claim damages?

Richard's answer | Answered on August 21, 2014

You may or may not have a damage claim. The storage facility owner holds a security interest in the contents stored in each unit in the event of...