News & Resources

Welcome to the Weltman & Moskowitz Team, Melissa!

Please help welcome our newest team member, Melissa Dlugokencky!

Melissa will be working closely with our bankruptcy, litigation and foreclosure attorneys. She brings to Weltman & Moskowitz proven legal assisting skills, an undergraduate degree from Dowling College and her paralegal certification from Queens College. Before joining us, Melissa concentrated on litigation and transactional matters at Cohen & Slamowitz (n/k/a Selip  & Styloanou, LLP), and Baker, McEvoy, Morrissey & Moskovits, P.C. You can reach Melissa at md@weltmosk.com.  

We hope you’ll say hello to Melissa the next time you call or stop in.  

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2015 Mid-Year Review of Supreme Court Bankruptcy Decisions: Part 2

Baker Botts LLP v. Asarco LLC

Litigation Fees Incurred By Counsel in Defense of Bankruptcy Fee Application are not Compensable

By Michael L. Moskowitz and Michele K. Jaspan

2015 Mid-Year Review of Supreme Court Bankruptcy Decisions: Part 2 By Michael L. MoskowitzThe Supreme Court recently ruled that bankruptcy courts may not award legal fees to professionals for the costs incurred in defending their fees. The decision in Baker Botts, LLP v. ASARCO, LLC, written by Justice Clarence Thomas for the majority, held that section 330(a) of the United States Code does not give bankruptcy courts the discretion to award fee-defense fees under any circumstances. Thus, the Supreme Court affirmed the ruling by the Court of Appeals for the Fifth Circuit which reversed the bankruptcy court’s fee award to Debtor’s counsel for costs incurred in defense of its $120 million fee application.  The Baker Botts firm sought to recover in excess of $5 million for time spent litigating in defense of their fee application in Asarco’s Chapter 11 bankruptcy case.

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Petters Update: Minnesota Supreme Court Ruling May Affect Clawback Lawsuits

By Michael L. Moskowitz and Melissa A. Guseynov

 Petters Update: Minnesota Supreme Court Ruling May Affect Clawback LawsuitsWe have previously reported on Thomas Petters’ $3.5 billion Ponzi scheme and the resultant “claw back” lawsuits currently pending in the Minnesota bankruptcy court. Read that report here.

In Ponzi scheme clawback litigation, a trustee, receiver or creditor will often utilize the Ponzi scheme “presumption” to prove the fraudulent intent of a transferor in connection with fraudulent transfer claims by establishing that the debtor operated a Ponzi scheme, and that the transfers at issue were made in furtherance of that scheme. In particular, the Ponzi scheme presumption proves that, among other things, the person or entity running the scheme had actual intent to defraud investors.

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Michael Moskowtiz Participates in the Plainview-Old Bethpage JFK High School's 27th Annual Moot Court Competition Held on March 26, 2015

Media Contact: Michael L. Moskowitz 212.684.7800

E-mail: mlm@weltmosk.com or rew@weltmosk.com

For Immediate Release

Supreme Court Hears Argument on Debtors’ Efforts to Strip-Off Underwater Mortgages in Chapter 7NEW YORK, NY – On March 26, 2015, Michael L. Moskowitz, a founding member of Weltman & Moskowitz, LLP, participated as one of the judges in the Plainview-Old Bethpage John F. Kennedy High School’s 27th Annual Marvin Hazan Moot Court Competition. Mr. Moskowitz participated as a jurist for the eighth consecutive year. The tournament was co-sponsored by the Maurice A. Deane School of Law at Hofstra University.



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NJ Court: Bank Has Duty to Prevent Injury in Foreclosed Home

By Richard E. Weltman

NJ Court: Bank has Duty to Prevent Injury in Foreclosed Home By Richard E. Weltman{1:54 minutes to read} Wells Fargo Bank, as the owner of a foreclosed home in New Jersey, owed a duty of care to a prospective homebuyer who was injured when she tripped on a piece of glass while touring the home, a federal court judge in Newark ruled on January 28, 2015.

In reaching his decision, U.S. Magistrate Judge Michael A. Hammer explained that commercial lenders taking possession of a residential property through mortgage foreclosure assume the position of the owner, and thus assume the owner’s non-delegable duty to protect visitors from reasonably foreseeable injuries due to potentially dangerous conditions.

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Success Stories: 2 Bankruptcy Adversary Proceedings Withdrawn Early, Saving Time & Resources - Part 1

By Michael L. Moskowitz

Success Stories: 2 Bankruptcy Adversary Proceedings Withdrawn Early, Saving Time and ResourcesTwo 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.

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Weltman & Moskowitz Secures Dismissal of Federal Lawsuit

Weltman & Moskowitz Secures Dismissal of Federal Lawsuit By Richard E. WeltmanA logistics and warehousing company came to Weltman & Moskowitz, LLP, a New York and New Jersey business litigation law firm, because it believed it was wrongfully named as a defendant in a multi-party federal lawsuit commenced in the Southern District of New York by the insurer subrogee of the consignor. Insurer alleged that our client had acted as a freight forwarder and bailee with respect to certain cargo damaged by Superstorm Sandy in October 2012.

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Michael Moskowitz Participates in the Plainview-Old Bethpage JFK HS's 26th Annual Moot Court Competition

News Release Update  

MICHAEL MOSKOWITZ PARTICIPATES IN THE PLAINVIEW-OLD BETHPAGE JFK HIGH SCHOOL’S 26th ANNUAL MOOT COURT COMPETITION, HELD ON APRIL 3, 2014.

Media Contact:    Michael L. Moskowitz  212.684.7800

E-mail:   mlm@weltmosk.com or rew@weltmosk.com

For Immediate Release

NEW YORK, NY – On April 3, 2014, Michael L. Moskowitz, a founding member of Weltman & Moskowitz, LLP, participated as one of the judges in the Plainview-Old Bethpage John F. Kennedy High School’s 26th Annual Marvin Hazan Moot Court Competition.

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Creditors Face Liability for Misrepresentations from Their Third-Party Debt Collectors

The U.S. Court of Appeals for the Second Circuit recently held that creditors may be liable under the false name exception to the Fair Debt Collection Practices Act (“FDCPA”) if they falsely represent to debtors they retained a third-party collection agent, when in fact the agent made no “bona fide” effort to collect.

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Madoff update: Minnesota Bankruptcy Court Dismisses Ponzi Complaint for Trustee’s Failure to Name Specific Creditor Under State Court Fraudulent Transfer Claim

By Michael L. Moskowitz

Having represented numerous defendants in Ponzi-scheme adversary proceedings in the Second Circuit (New York), Weltman & Moskowitz closely follows the case law arising out of the massive Ponzi-scheme run by the now infamous Bernie Madoff. Uncovered in 2008, the resulting Madoff bankruptcies spawned dozens of decisions by the Bankruptcy Court, District Court and Second Circuit.  

 

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Weltman Judges 2013 Mock Trial Invitational at Yale University

NEW HAVEN - Partner Richard E. Weltman sat as a judge for the 18th Annual Yale Mock Trial Invitational on December 7 and 8, 2013. Details about the 2013 Yale Mock Trial Invitational can be found here.

The two-day event in New Haven, Connecticut fielded 42 teams from undergraduate colleges and universities across the United States. The student competitors, who serve as both attorneys and witnesses, emulate a jury trial based upon a fictional case using rules similar to the Federal Rules of Evidence. The 2013 competition results can be found here

 

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Debt Collection Firm Sanctioned for ‘Unintentional Error’ Under FDCPA

In a recent Southern District of New York decision, Judge Lorna Schofield held that Kucker & Bruh, LLP (“K&B”), a debt collection firm, violated the Fair Debt Collection Practices Act (“FDCPA”), by misrepresenting the character, amount and legal status of rent arrears allegedly owed by 82-year-old tenant Rafael Lee.

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A Lawyer Representing Herself in a Commercial Dispute May Well Have a Fool for a Client

In a tangled commercial dispute, a law firm and its principal owner, without counsel, sued a well-respected New York City business equipment and technology services company for breach of contract.  Problem was, the law firm targeted the wrong party in a grudge match over a faulty printer...

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New Website! PaperStreet launches weltmosk.com re-design!

PaperStreet Web Design's development team just wrapped up the brand new re-design of weltmosk.com.   The new site not only has a modern design but is using the latest web technologies, JavaScript libraries, and web standards.

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