Weltman & Moskowitz, LLP

Weltman & Moskowitz, LLP Contact information, map and directions, contact form, opening hours, services, ratings, photos, videos and announcements from Weltman & Moskowitz, LLP, Corporate lawyer, 270 Madison Avenue, Rm 1400, New York, NY.

Since its inception in 1987, Weltman & Moskowitz, LLP has concentrated on aggressively representing businesses and individuals in civil litigation, bankruptcy and reorganization, creditors' rights, business, contract, and commercial transactions, sharehol With offices in New York City, Long Island and New Jersey, Weltman and Moskowitz, LLP has been serving its clients for more than 25 years by del

ivering aggressive advocacy from its AV-rated attorneys. Practice areas include creditor and debtor’s rights and remedies, business and consumer bankruptcy, adversary proceeding litigation, foreclosures, financial restructuring and loan workouts, corporate law, commercial litigation, business divorce, shareholder disputes, arbitration and mediation in the state, federal and bankruptcy courts. Our clients include regional and national banks, credit unions, factors, owners, landlords, developers, equipment lessors, contractors, internet marketers, professional practices, and entrepreneurs.

New York federal court issues preliminary injunction to three Credit Unions, upending drastic cuts to interest charged o...
05/26/2022

New York federal court issues preliminary injunction to three Credit Unions, upending drastic cuts to interest charged on consumer debt by new Consumer Judgment Interest Act.

We previously reported on the Consumer Judgment Interest Act (S.5724A/A.6474A), enacted on December 31, 2021, which retroactively lowered the post-judgment interest rate from 9 percent to 2 percent. (See here: Consumer Alert: Judgment Interest on Consumer Debt Slashed by Governor Hochul). The reduct...

Winding down of NY loss mitigation program begun following mortgage collapse — what lenders, creditors and borrowers sho...
04/14/2022

Winding down of NY loss mitigation program begun following mortgage collapse — what lenders, creditors and borrowers should expect

In a memorandum opinion, dated February 28, 2022, United States Bankruptcy Judge Robert E. Grossman stated he will no longer entertain motions for loss mitigation in chapter 7 or 13 cases assigned to him. He explained the loss mitigation program was implemented in 2009 as a temporary administrative....

NY streamlines, makes permanent remote online notarizations; new RON law rolls out this June
03/02/2022

NY streamlines, makes permanent remote online notarizations; new RON law rolls out this June

As practitioners are aware, notarization is required for numerous sworn statements and affidavits. This typically requires the person executing the document to physically appear before a notary public. However, with the onset of the Covid-19 pandemic, New York allowed remote notarization to take pla...

Residential evictions by landlords and owners are back on track with expiration of COVID-19 tenant protections. So, what...
02/03/2022

Residential evictions by landlords and owners are back on track with expiration of COVID-19 tenant protections. So, what will impacted tenants do next?

Governor Kathy Hochul allowed the moratorium on COVID-related residential and commercial evictions and foreclosures for New York State to expire on January 15, 2022, noting it was never intended to be permanent. The statewide moratorium was extended several times since it was first passed in the ear...

Flexibility is new normal as federal courts continue to erode Brunner “myth” when dealing with crippling student loans t...
11/18/2021

Flexibility is new normal as federal courts continue to erode Brunner “myth” when dealing with crippling student loans through bankruptcy

We have reported many times on the judicial treatment of student loan dischargeability in bankruptcy. Last year we reported in detail on the January 2020 decision by Chief Bankruptcy Judge Cecilia Morris wherein she analyzed the treatment of student loan debt in bankruptcy under the “undue hardshi...

Weltman & Moskowitz, LLP is humbled that founders Michael L. Moskowitz and Richard E. Weltman have been, once again, sel...
10/19/2021

Weltman & Moskowitz, LLP is humbled that founders Michael L. Moskowitz and Richard E. Weltman have been, once again, selected as top bankruptcy and debtor and creditor’s rights attorneys by Super Lawyers for 2021 – 2022.

Weltman & Moskowitz, LLP is proud to announce that founding partners Richard Weltman and Michael Moskowitz have once again been selected as Metro New York Area Super Lawyers for 2021. Both Richard and Michael have been recognized as top bankruptcy and debtor and creditors’ rights attorneys for sev...

Lender & Servicer Alert: Despite ‘hardship’ standard, Second Circuit permits some bankruptcy debtors to discharge privat...
09/22/2021

Lender & Servicer Alert: Despite ‘hardship’ standard, Second Circuit permits some bankruptcy debtors to discharge private student loans .

We have reported extensively over the years regarding the judicial treatment of student loans in bankruptcy, particularly with respect to how federal courts have interpreted section 523(a)(8) of the Bankruptcy Code, which bars a debtor from discharging certain student loan debt. See 11 U.S.C. § 523...

Lenders and loan servicers are rolling out new CFPB rules amending RESPA Regulation X; aim is to assist mortgage borrowe...
08/10/2021

Lenders and loan servicers are rolling out new CFPB rules amending RESPA Regulation X; aim is to assist mortgage borrowers adversely impacted by the COVD-19 emergency.

We have previously written about the rules and procedures pertaining to the COVID-19 pandemic with which lenders must comply.

Carpe diem: NY's new Consumer Credit Fairness Act cuts time for creditors to sue on consumer credit transactions from 6 ...
07/14/2021

Carpe diem: NY's new Consumer Credit Fairness Act cuts time for creditors to sue on consumer credit transactions from 6 to 3 years.

On May 25, 2021, the New York Senate passed Bill S153 (“Bill”), called the “Consumer Credit Fairness Act,” which: (i) establishes a 3-year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction; (ii) sets forth a required notice of lawsuit t...

Appellate Division: NY mortgage lenders pursuing MERS-assigned residential foreclosures at risk absent strict compliance...
06/22/2021

Appellate Division: NY mortgage lenders pursuing MERS-assigned residential foreclosures at risk absent strict compliance with RPAPL 1304 notice

We have previously written about the strict requirements of the requisite notice which must be sent to a borrower before commencement of a residential foreclosure action in New York. New York’s Real Property Actions and Proceedings Law (“RPAPL”) § 1304 requires a mortgage lender to notify a r...

Cuts both ways: lenders look for CFPB to end Covid mortgage ‘protections’ by July
05/20/2021

Cuts both ways: lenders look for CFPB to end Covid mortgage ‘protections’ by July

A new rule proposed by the Consumer Financial Protection Bureau (“CFPB”), would create a new pre-eviction review period to grant millions of Americans more time to figure out payment options before Covid-19 federal mortgage protections expire at the end of June. A copy of the proposal can be fou...

Standard for creditors' permitted retention of bankruptcy estate property notwithstanding stay shifted by Supremes.
04/15/2021

Standard for creditors' permitted retention of bankruptcy estate property notwithstanding stay shifted by Supremes.

In a recent opinion of interest to creditors and debtors alike, on January 14, 2021, the Supreme Court held that passive retention of a debtor’s property does not violate the automatic stay. City of Chicago v. Fulton, Case No. 19-357 (Sup. Ct. Jan. 14, 2021). Read the full opinion here.

Address

270 Madison Avenue, Rm 1400
New York, NY
10016

Opening Hours

Monday 8am - 6pm
Tuesday 8am - 6pm
Wednesday 8am - 6pm
Thursday 8am - 6pm
Friday 8am - 6pm

Telephone

+12126847800

Website

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