I have 93k unsecured debt, should I consider filing chapter 7 or do a cash out refinance on my home and consolidate them?
Richard's answer
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Answered on July 23, 2018
More needs to be known about your other assets, income and cash flow. Meet in person with an experienced bankruptcy attorney. Most of those here on...
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How do I go about adding another lawyer in my case? I am concerned that my lawyer does not have the ability
Richard's answer
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Answered on July 23, 2018
Option A or Option B may make sense in the end, but more needs to be known. Adding a lawyer means compelled collaboration which may not work. Have...
Can I keep packages sent to my address but not in my name? Can I charge the seller a fee for taking the time to return it?
Richard's answer
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Answered on July 23, 2018
No, you may not keep the package. If UPS or the carrier is not cooperative in arranging pickup, contact sender directly to have it locate the...
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How do I get out of a lease with a personal guarantee?
Richard's answer
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Answered on July 18, 2018
Engage a lawyer to negotiate a peaceful surrender of possession to landlord in return for a release (or material reduction) of your guaranty...
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If you signed a stipulation of settlement do you still need to attend hearing date?
Richard's answer
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Answered on July 17, 2018
Your question presumes we know what the court had scheduled and the purpose of the court date. Perhaps it is moot now. What does the stipulation...
Can a summary judgment motion ever be held in abeyance in order to allow the non-movant the opportunity to depose a witness?
Richard's answer
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Answered on July 16, 2018
Presumably the court believes holding a deposition under oath could uncover material factual disputes. Every case is different of course but the...
Archived
What is the best way to go about suing a Model?
Richard's answer
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Answered on July 13, 2018
Breach of contract statute of limitations in New York is six years. Not sure what you mean when you say you "thought" you had a solid contract....
Archived
I had a business dispute and agreed to settle the case and foolishly made a personnel guarantee
Richard's answer
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Answered on July 13, 2018
The answer to your question depends on the terms of the guaranty you signed and the provisions in the settlement agreement. Speak with your lawyer...
Archived
Is it illegal to use a different name for the return address of a demand letter?
Richard's answer
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Answered on July 12, 2018
Unless your friend's address is that of a NYC licensed consumer collection agency don't do it. Instead send a proper demand by certified mail, RRR....
Archived
What is a continuance of a summary judgment motion (to depose a witness)?
Richard's answer
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Answered on July 09, 2018
Either side can file for a continuance (or extension of time), yes. You will want to confer with your lawyer about how best to proceed assuming...