Weltman & Moskowitz LLP Attorneys at Law

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37 Years

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(201) 794-7500Call Visit WebsiteVisit Website Map & DirectionsDirections8-14 Saddle River RdFair Lawn, NJ 07410 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

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Details

Phone: (201) 794-7500

Address: 8-14 Saddle River Rd, Fair Lawn, NJ 07410

Website: http://www.weltmosk.com

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Weltman & Moskowitz LLP Attorneys at Law

Divorce
Child Support
The debtor must file a plan of repayment with the petition or within 15 days thereafter, unless extended by the court for cause. The Chapter 13 plan must provide for the full payment of all claims entitled to priority, such as, tax claims or claims for alimony maintenance or child support, unless the holder of a particular claim agrees to different treatment of the claim, if the plan classifies claims, provides the same treatment for each claim within each class; and provides for the submission of such portion of the debtor's future income to the supervision of the trustee as is necessary for the execution of the plan. Other plan provisions are permissive.
Guardianship
Practice Areas: Creditors’ rights, bankruptcy, litigation, corporate, partnership and shareholder disputes, foreclosure, asset protection, corporate, securities, employment, estate planning, guardianships, estate litigation, real property, land use, crypto, digital assets, cannabis, and more.
Spousal Support
Chapter 13 plans, which must be approved by the court, provide for payments of fixed amounts to the trustee on a regular basis, typically monthly. The trustee then distributes the funds to creditors according to the terms of the plan, which may offer creditors less than full payment on their claims, however, post-petition alimony, maintenance and support payments must be current in order to obtain plan confirmation. If the trustee or a creditor with an unsecured claim objects to confirmation of the plan, the debtor is obligated to pay the amount of the claim or commit to the proposed plan all projected "disposable income" during the period in which the plan is in effect. Disposable income is defined as income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as excluding those amounts which are necessary for the payment of ordinary operating expenses.

Criminal Defense
In the event of debtor fraud during the bankruptcy proceeding, such as hiding assets, making false oaths in connection with a bankruptcy petition, failing to cooperate with the trustee, failing to appear at a meeting of creditors, or failing to obey bankruptcy court orders, the Chapter 7 discharge can be denied or revoked. Bankruptcy fraud is a felony under federal criminal law, and carries serious penalties including fines or imprisonment, or both, in addition to the denial of discharge.
Wrongful Death
Our client, a personal injury attorney, represented the administrator of his wife’s estate in a wrongful death lawsuit. The decedent was severely burned when her clothing caught fire.
Fraud
A New Jersey Appeals Court recently held that homeowners who enter into trial agreements to modify their mortgages under the Federal Home Affordable Modification Program (“HAMP”), and comply with the terms thereof, may commence suit for breach of contract, and possibly consumer fraud, if lenders deny them permanent modifications.
Embezzlement
Secured debts, on the other hand, are based on a creditor's right to repossess pledged property upon default, regardless of a debtor's ability to pay. Certain debts -- such as sales taxes and other trust-fund taxes (e.g., employer withholding tax), debts created by a debtor's intentional conduct (e.g., assault, defamation, embezzlement or fraud), parking violations, fines, penalties and criminal restitution, alimony and child support obligations, and guaranteed student loans, among other items -- are not discharged in most cases and are unaffected by a Chapter 7 bankruptcy filing. More typically, however, most garden-variety consumer debt is released and discharged through Chapter 7.
Assault
Restraining Order
New York’s highest court recently announced that account holders do not have a private right of action to sue banks for alleged violations of the Exempt Income Protection Act (“EIPA”). Cruz v. TD Bank, 2013, NY Slip. Op. 07762 (November 21, 2013). EIPA exempts certain Social Security, veterans, disability and unemployment benefits from creditor restraining orders and requires banks to inform affected account holders of their right to obtain exemptions from collection.
Internet Crimes
Richard E. Weltman is recognized by his peers as an aggressive litigator and skilled negotiator with over thirty-three years experience handling diverse matters. He engages in the general practice of law with special concentration in the areas of bankruptcy reorganization, insolvency and creditors' rights, debtor protection, business litigation, shareholder, partner and limited liability company disputes, purchases and sales of businesses, arbitration, mediation and alternate dispute forums, general corporate counseling, commercial agreements and contracts of all types, technology and Internet law and e-commerce, and real estate transactions. Mr. Weltman graduated cum laude from Delaware Law School of Widener University, earning his Juris Doctor degree in 1978. While in law school, he was elected to Moot Court Honor Society, and also served as Magister of Harrington Inn of Phi Delta Phi International Legal Fraternity. He served as Managing Editor of The Delaware Journal of Corporate Law, the law review of Delaware Law School and a leading national legal publication focused on corporate governance, compliance and business law issues in general and Delaware corporation law in particular.

Business and Corporate Law

Corporate Law
Aggressive advocacy from AV-rated attorneys concentrating in Creditors’ Rights, Debtors’ Remedies, Business and Consumer Bankruptcy, Adversary Proceeding Litigation and Preference Defense, Business and Corporate Law, Arbitration, Mediation and Litigation of all types in the State, Federal and Bankruptcy Courts located in New York, New Jersey and beyond.
Mergers and Acquisitions
Melissa A. Guseynov is an associate with Weltman & Moskowitz, LLP. Her practice concentrates on corporate and financial restructuring, insolvency, bankruptcy litigation, secured transactions and financings, general corporate, mergers and acquisitions, and debtors’ and creditors’ rights. Ms. Guseynov represents debtors, creditors, asset acquirers, financial institutions, landlords/lessors, contract counterparties, trustees and official and ad hoc creditors’ committees in large-asset bankruptcies, out-of-court workouts and adversary proceedings in numerous industries, including retail, manufacturing, telecommunications, financial services, heavy industry, real estate and hospitality. She is a member of the firm’s Bankruptcy & Creditors’ Rights Group.
Business Formation
In addition to business formation, your business will undoubtedly need continuing legal counsel and representation throughout its operations. Weltman & Moskowitz, LLP, has the depth of legal experience to provide you with counsel in many situations, whether routine or complex. Our attorneys can handle modifications to business entity structure, amend legal documents to reflect deal objectives, and advise about the impact of new federal and state laws and regulations. Additionally, should the need arise to dissolve your business entity, our attorneys will guide you through all of the necessary steps of the dissolution process.
Business Disputes
Where there is need for an injunction, to protect a strategic interest, to defend a frivolous lawsuit, or to establish a precedent, litigation may well be the best choice – and we are proud of our record in court. At the same time, for many business disputes, ADR can be an enormously powerful tool to resolve disputes early, cost-effectively and fairly. The process of mediation, in particular, offers creative business solutions not available in either litigation or arbitration.
Business Transactions
Limited Liability Companies
Counseling concerning selection, formation, reorganization and dissolution of business entities including corporations, partnerships, limited partnerships, limited liability partnerships (LLPs), and limited liability companies (LLCs). Review, preparation and negotiation of merger and acquisition agreements and business purchase and sales agreements (both stock sales and asset sales). Review, preparation and negotiation of a broad range of investment, venture capital, strategic alliance, joint venture, stock purchase, redemption and other business agreements. Counseling, negotiation, review, and preparation of sale, purchase, equipment lease, financing and licensing agreements.
Construction Contracts
The firm offers representation to architects, general contractors, sub-contractors, vendors and material suppliers concerning their corporate structure as well as ongoing construction projects. The firm prepares construction contracts which include owner/contractor contracts, design/build contracts, joint venture agreements, sub-contracts, as well as other related agreements, to accommodate its clients needs. The firm provides comprehensive litigation services for matters pending in the various state courts, federal courts, bankruptcy courts, and at arbitration, including both prosecuting and defending of mechanics' lien claims form recording the lien through foreclosure, and all other disputes.
Trade Secrets
Business planning issues and counseling regarding business disputes and contracts of all kinds. Preparation, review and negotiation of shareholder and partnership, LLC operating, licensing, marketing and distribution agreements. Shareholder and partner disputes and related litigation and other forms of dispute resolution, including arbitration and mediation. Trade secret protection. Director and officer liability representation. Partnership dissolution representation.

Employment Contract
Counseling, negotiation, review and preparation of employment contracts and non-competition agreements involving business enterprises, professional practices and practice groups, and other organizations.

Real Estate Litigation
Since its inception in 1987, Weltman & Moskowitz, LLP has concentrated on aggressively representing businesses, individuals, banks and credit unions in civil litigation, bankruptcy and reorganization, creditors' rights, business, contract, and commercial transactions, foreclosures, shareholder rights disputes, and real estate matters. With three offices in New York and New Jersey, the firm achieves success through dedication, efficiency and adherence to the highest ethical standards.
Construction Litigation
Review, counseling, negotiation and preparation of construction contracts, work letters and architectural and engineering contracts, bid documents and design build agreements.
Real Estate Transactions
The real property practice of Weltman & Moskowitz, LLP includes the representation of lenders, developers, managers and owners in sophisticated and straight-forward commercial transactions, sometimes involving environmentally impacted properties, together with a variety of smaller commercial and residential real estate transactions. For institutional clients, the firm has often been asked to focus on restructuring, consolidation and extension agreements, wraps and cross-collateralization agreements and other special loan situations involving collateralized real estate.
Easement
Land Use and Zoning

Personal Injury
Two of our clients, one, a large regional bank, and the other, a personal injury attorney, were both recently sued in adversary proceedings filed in the United States bankruptcy courts. Weltman & Moskowitz successfully established that both complaints were without merit and each plaintiff agreed to withdraw the complaint before answers were required to be filed. In doing so, we saved these clients significant legal fees and expenses and the distractions associated with protracted litigation.
Medical Malpractice

Trusts and Estates

Estate Planning
NEW YORK, NY - Richard E. Weltman, a founding member of the law firm of Weltman & Moskowitz, LLP, recently presented an informative seminar to members of the Estate Planning Committee of the New York State Society of Certified Public Accountants at their FAE Conference Center in New York City.
Trusts

Bankruptcy
A business bankruptcy is most often a voluntary legal proceeding filed by a financially troubled company seeking protection from its creditors. Two types are available - a Chapter 11 filing brought to financially reorganize or restructure the business, and a Chapter 7 filing seeking to liquidate the business. On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). BAPCPA made significant changes to the bankruptcy code.
Foreclosure
Weltman & Moskowitz, LLP is committed to addressing the specific needs of banks, secured lenders and federally insured credit unions. The needs of the firm's creditor clients often extend to every service the law firm provides, including counseling, bankruptcy court creditor representation, claims analysis and filing, loan origination, collection litigation and asset recovery, foreclosures and contract review.
Tax Law
Test focus on the fourth factor, which analyzes whether there was an honest and reasonable attempt to satisfy the requirements of tax law.
Debt Collection
Pre-collection services including legal demand letters and compliance with Fair Debt Collection Practices Act statute and regulations;

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