Find solutions and regain control of your life. As your Long Island Bankruptcy Lawyer, Ronald D. Weiss, PC, offers resources towards a prosperous future.
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Ronald D Weiss PC: Your Advocate in Financial Difficulty
Ronald D. Weiss, ESQ. has been providing expert bankruptcy, foreclosure defense, and debt negotiation services since 1988. He offers practical, compassionate solutions tailored to each client’s financial situation.
For over 30 years, Ronald has successfully represented individuals and businesses in financial distress, helping them achieve a fresh start and regain control of their finances.
Bankruptcy, Foreclosure & Debt Solutions
Achieving Financial Freedom
Immediate BANKRUPTCY PROTECTION by a Long Island bankruptcy attorney to stop collection actions, creditor harassment, foreclosure actions, tenant eviction, wage garnishment, and bank restraint. We generally represent our clients in all bankruptcy matters and under all chapters of the Bankruptcy Code: Chapter 7, Chapter 13, Chapter 11, Subchapter V, Contested Motions, Adversary Proceedings and Bankruptcy Appeals.
We file Bankruptcy cases in ALL CHAPTERS of the Bankruptcy Code. Chapter 7 bankruptcy, as practiced by our Long Island bankruptcy law firm, eliminates most unsecured debts, such as credit card debts, personal loans, and medical bills, to allow individuals a fresh financial start. Challenges in Chapter 7 cases include verifying that clients qualify in terms of income means testing, budget testing, lack of excess equity in assets, and/or the absence of avoidable transfers. Chapter 13 bankruptcy, as implemented by our Long Island bankruptcy lawyers, helps individuals by curing mortgage arrears and reducing unsecured debt over a 5-year plan, or by allowing long term mortgage modification through a loss mitigation plan.
Challenges in Chapter 13 include verifying that clients qualify in terms of unsecured and secured debt levels, that they have sufficient income to sustain calculated monthly plan payments and ascertaining that the debts owed can be paid under either a “catchup plan”, a plan incorporating a mortgage modification and/or a “pro-rata percentage plan” depending on the client’s situation and qualifications. Chapter 11, as carried out by our LI bankruptcy law office, reorganizes businesses by protecting them from their creditors while a Chapter 11 plan is worked on and presented for potential confirmation with the goal of saving the business by reorganizing its debts.
Challenges in Chapter 11 cases include preparing monthly operating reports, coordinating business and legal strategy, preparing a disclosure statement, implementing a viable plan of reorganization and finding an advantageous exit strategy acceptable to to the creditors and the court. New Subchapter V of Chapter 11, with enhancements passed as part of the Cares Act, may be a simpler, quicker and less costly approach to business reorganization that with time may be used more often by smaller businesses seeking debt solution options.
In all bankruptcy matters in order to initiate and continue the bankruptcy case, which automatically stays creditors and potentially improves our client’s ability to manage financially, we need to engage in disclosure of the debtor’s financial affairs through bankruptcy schedules, financial documents and a readiness to answer more questions posed by a trustee and/or creditors at a creditor’s meeting scheduled by the Court. Where the debtor qualifies for a case in terms of meeting income, debt and and/or disclosure requirements, the debtor not only is able to stay its creditors but also is usually able to eliminate, reduce and/or extend its debts and improve its overall financial situation.
We represent clients in both STRAIGHTFORWARD and COMPLEX bankruptcy matters. Bankruptcy litigation, in the form of Adversary Proceedings and/or Contested Motions, allows us to defend our bankruptcy clients in cases where there are potential complications that require litigation and/or motion practice within the bankruptcy case. In such matters our adversary can be a creditor or trustee who can use the creditors’ meeting or a more in depth 2004 examination or other discovery tools in a bankruptcy case to gain more information about the debtor’s financial affairs. Bankruptcy Appeals allow us to contest a decision of the bankruptcy court by seeking appellate review of the bankruptcy judge’s decision.
Bankruptcy issues that may be contested in motions include: motions to lift the automatic stay, motions to dismiss, objections to confirmation, objections to claims, pond motions, 522(f) motions and motions to compel discovery. Bankruptcy Issues that may be contested in adversary proceedings include: exemption applicability to protect assets, potential avoidable transfers (preferences and fraudulent conveyances), the overall discharge in a case, the dischargeability of particular debts, actions to force a sale of jointly held assets, turnover actions, and issues pertaining to means testing. Our law firm concentrates in bankruptcy solutions and is experienced in representing individuals and businesses in Suffolk County, Nassau County and the greater LI and NYC areas in all chapters of the bankruptcy code and in all matters that may arise in bankruptcy cases.
Vigorous FORECLOSURE defense, LANDLORD TENANT litigation and LITIGATION defense by a Long Island litigation lawyer concentrating in defending foreclosures, landlord tenant matters and general debt litigation.
We are Long Island FORECLOSURE DEFENSE attorneys and concentrate in foreclosure solutions including defense of foreclosure actions, with customized, case-specific strategy that we put into every legal document and every step in the litigation, including the pleadings, discovery, conferences, oppositions, motions and cross-motions filed to protect our clients’ homes. Timely foreclosure defense is important to avoid default and protect a homeowner’s rights. Foreclosure defense includes foreclosure avoidance efforts with negotiations to head off a foreclosure litigation, but once our client is served with a foreclosure complaint, we engage in answers, counterclaims, discovery demands and/or motions to dismiss that are tailored to our clients’ specific situation. We attend all court conferences, settlement conferences, status conferences and more recently Covid Hardship conferences and potential hearings to defend our client’s asserted Covid Hardship. During the conferences we pursuit any settlement and modification opportunities. We aggressively defend foreclosure motion practice by filing detailed, thorough and well researched oppositions to the following motions: motion to appoint a referee, motion for summary judgment, motion for judgment of foreclosure and sale and motion to extend time for a foreclosure sale. We also file our own motions or cross-motions for the defendant including: motions or cross-motions to reargue, renew, vacate a default, compel discovery, demand a referee hearing and/or to dismiss. We can also initiate our own actions or motions for quiet title, to vacate a judgment or a mortgage lien and/or for surplus monies. Emergency orders to show cause and motion practice can stop foreclosure sales, vacate wrongful decisions/orders or judgments and potentially dismiss foreclosure actions, based on defects with documentation, standing, jurisdiction, lack of 90 day notice, statute of limitations, failure to possess loan documents, and other defenses including predatory lending, fraud and misrepresentation. To the extent a Supreme Court decision may be disputed and is of critical importance to a case, we can move to reargue, renew or vacate the decision/order with the Supreme Court and/or engage in an appeal of the decision to the Appellate Division where the conclusions of law of the lower court will be reviewed by the appellate court.
We specialize in litigating foreclosure matters that most law firms can not handle well – those that have complex fact patterns, challenging legal issues, require unique research and have prolonged and convoluted histories of motion practice. We pride ourselves in taking on and turning around litigation matters that have previously had long delays, setbacks and frustrations by introducing a fresh, bold, clever and out of the box bold approach that looks for legal openings in terms of unique argument that we maximize on behalf of our clients. Foreclosure defense by our attorneys gains time and leverage for Suffolk and Nassau County homeowners seeking modifications and other mortgage solutions. We are unique in not just engaging in complex and nuanced foreclosure defense but also in potentially introducing negotiation, modification and bankruptcy options to help our clients keep their homes.
In addition, we also concentrate in LANDLORD TENANT LAW AND LITIGATION for both landlords and tenants in eviction and/or rent collection cases. We represent landlords and tenants in landlord tenant law and litigation when there is an issue for the following: eviction actions, actions to collect rent, constructive eviction actions, wrongful eviction actions, breach of contract actions, and hearings to challenge Covid hardship. We also represent both landlords and tenants in hearings with the town board, planning or building departments over the following: actions to resolve certificate of occupancy issues, hearings on local zoning ordinances, hearings on condemnation, hearings seeking an exceptions local regulations. We also represent cooperative apartment shareholder/residents or owners of condominium town houses or apartments in litigation with their homeowners association or cooperative board over community regulations, fines, disputes and potential eviction or other legal actions by the board. Often we are able to come to negotiated stipulations that seek to resolve disputes with agreements that seek to compromise the parties’ goals. We represent both individual and commercial landlords and tenants and our tools include litigation, negotiation and bankruptcy options.
We also defend a board array of different LITIGATION DEFENSE ACTIONS where our clients are being pursued for debt and we have defended virtually any type of debt collection action including but not limited to litigation defense of actions to collect on tax debt, credit card debt,business debt,medical debt and student loan debt. Most of such litigation, for us, is defensive in purpose and intended to prevent the creditor from quickly obtaining an easy judgment. If we can sufficiently make the litigation long, hard and expensive, the creditor is more likely to be amenable to a negotiated resolution and/or the creditor action will move more slowly allowing our client to be better situated for a bankruptcy case. However, sometimes such debt is very high and there is a bona fide dispute that is worth fighting so we engage in real litigation with the intention of prevailing in the litigation. In some cases we need to initiate litigation to get a result or a negotiating advantage; in real estate matters or credit repair matters, that is often the case.
Our law firm concentrates in foreclosure solutions, landlord tenant law, and other debt oriented defense litigation and is experienced in defending individuals and businesses in the greater LI and NYC areas in all aspects of the litigation process.
We concentrate in MORTGAGE MODIFICATION and other DISTRESSED REAL ESTATE SOLUTIONS. Mortgage modification solutions in general try to avoid foreclosure through specific retention options, where the borrower continues to possess and maintain the residence, despite the default in paying the mortgage, by changing or modifying key terms of the mortgage. Mortgage modification specifically works by restructuring mortgages in default by combining the amount of the mortgage arrears with the amount of the mortgage balance and usually keeps monthly mortgage payments affordable by extending the term of the mortgage and reducing the interest rate of the modified loan and potentially deferring some arrears to the back of the loan to allow affordability. Mortgage modification and/or other mortgage retention options, including settlements, payment plans, forbearances and/or short sales are part of the various options our law firm offers to persons looking for distressed real estate solutions. While modifications and other negotiated resolutions are within the lender’s discretion, and while lenders can make these negotiations difficult and overly complicated, our modification attorneys and paralegals, based on our experience, approach and reputation, have successfully obtained helpful modifications for a high percentage of our Long Island clients. We concentrate in all other possible options for distressed real estate retention options, which include friendly short sales, refinancing, negotiated reinstatements and/or short payoffs. We also concentrate in non-retention options which include 3rd party short sales, deeds in lieu, cash for keys, judgment in lieu of foreclosure and all types of real estate sales or other manners of property transfer.
More generally, we engage in general DEBT NEGOTIATION and SETTLEMENT. Our debt solutions law firm concentrates in a broad variety of aggressive and sustained debt negotiations, reductions and settlements. We negotiate a wide spectrum of debt from complex business obligations needing strategic planning and workouts, to much smaller, ordinary individual unsecured debts that are greatly benefited from the expertise, energy and intelligence that our debt attorneys and staff can bring to every negotiated matter. Our advantages in negotiations and settlements are: the sharpness, persistence and skills of our debt lawyers and staff and the implied alternatives to settlement that we convey, which are protracted litigation defense and/or bankruptcy options, which creditors seek to avoid. Included in the negotiation solutions we offer are: credit card debt negotiations, tax debt negotiations, business debt settlements, student loan debt installation plans, personal loan settlements, landlord-tenant negotiation and other negotiated forms of debt relief. We also help with credit repair, real estate lien avoidance, voiding judgments and otherwise contesting debt. We resolve and settle all manners of mortgage and other problematic debt affecting individuals and businesses in Suffolk County, Nassau County and the greater LI and NYC areas.
The Law Office of Ronald D. Weiss, P.C. analyzes each client’s case individually, based on the case’s specific facts and the needs of the client. Our goal is to give our clients highly effective representation that is at the same time compassionate and affordable. Often we look at using the above referenced debt solution tools – bankruptcy, litigation and/or negotiation – as potential alternatives or as part of a larger approach, where they are used to reinforce and build on each other. In each client’s situation we look at and consider all options, in terms of feasibility, risks vs. benefits, timing, costs and methodology. We develop with our clients a plan to best maximize the chances of successfully resolving burdensome debt and strategize to effectively overcome our clients’ economic challenges. (See Sub-Section on “About the Firm”).
Key Benefits of Our Services
Experienced Attorney
Over 30 years of experience in bankruptcy and foreclosure law.
Affordable Debt Solutions
Cost-effective legal services to help you regain financial control.
Personalized Approach
We tailor solutions to meet your unique financial needs and goals.
Comprehensive Services
Offering Chapter 7, 11, 13 bankruptcy, foreclosure defense, and debt negotiation.
Free Consultations
Get a no-obligation consultation to discuss your legal options.
Convenient Location
Our office is centrally located for easy access throughout Long Island.