Questions Answered by Jonathan David Warner

Q: Telecom disconnects service without notice.

1 Answer | Asked in Consumer Law, Antitrust and Communications Law for New York on
Answered on Feb 14, 2019
Jonathan David Warner's answer
If the bill was not paid, they have the right to disconnect.

Good luck.

Q: If I file bankruptcy and I live with my parents still but I pay half of the heat and cable bill

1 Answer | Asked in Bankruptcy for New York on
Answered on Feb 14, 2019
Jonathan David Warner's answer
Yes, you are requires to list all your income and liabilities in your bankruptcy schedules.

Good luck.

Q: My daughter was caught shoplifting, she’s an18 year old college student. What will happen to her? Court date is feb 28

3 Answers | Asked in Consumer Law and Criminal Law for New York on
Answered on Feb 14, 2019
Jonathan David Warner's answer
It will probably be adjourned in contemplation of subsequent Dismissal. With this being said, your daughter should hopefully learn a valuable lesson from this experience... otherwise, the second time may not turn out so well.

Nonetheless, she should hire an attorney or take advantage of a public defender, if one is available for her.

Good luck.

Q: If I file bankruptcy and I live with my parents still but I pay half of the heat and cable bill

3 Answers | Asked in Bankruptcy for New York on
Answered on Feb 14, 2019
Jonathan David Warner's answer
Yes. You are required to list all your income and expenses.

Good luck.

Q: How do I start to end credit card fraud and I think I know who did it to me?

2 Answers | Asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for New York on
Answered on Feb 14, 2019
Jonathan David Warner's answer
File a police report and contact the FBI.

Good luck.

Q: Own 25% of a property in Canada. If declare bankruptcy in NY, could the court force liquidation of the property?

4 Answers | Asked in Bankruptcy for New York on
Answered on Feb 13, 2019
Jonathan David Warner's answer
The Court could force liquidation of your interest in the property, but not the interest of others'.

Good luck.

Q: My company only sells used computers, can I advertise an apple logo on the website under a"Used brands we sell" tab?

1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Answered on Feb 12, 2019
Jonathan David Warner's answer
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.

Good luck.

Q: Does Son need to pay?

2 Answers | Asked in Collections for New York on
Answered on Feb 12, 2019
Jonathan David Warner's answer
The answer is "yes". Your son signed an agreement, and the State of New York is seeking to enforce the agreement. The good news is that this debt is dischargeable in Bankruptcy, if that is what your son is seeking to do.

Good luck.

Q: I went thew a foreclosure and filed Chp.7 bankrupcy after a LLC filed a referee deed on my property. They are not on my

3 Answers | Asked in Consumer Law and Bankruptcy for New York on
Answered on Feb 12, 2019
Jonathan David Warner's answer
They haven't willfully violated your stay protection if they were not noticed regarding the commencement of your Bankruptcy case. This is clearly spelled out under Section 362 of the Bankruptcy Code.

As to what happens after the Discharge Order, no, you will not be protected. Your liability connected with the mortgage will be gone, but your home can still be foreclosed (though it sounds like it already may have been foreclosed). Truthfully, there are way too many considerations to...

Q: I found a person selling a gift card in a wall at a local gas station. He left the card is it illegal to take?

1 Answer | Asked in Consumer Law for New York on
Answered on Feb 7, 2019
Jonathan David Warner's answer
It's illegal to take property that does not belong to you.

Q: What happens to the back taxes after the foreclosure claim is dropped

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Answered on Feb 7, 2019
Jonathan David Warner's answer
If a Mortgage foreclosure is discontinued, and there was no loan modification that recapitalized the taxes owed, you owe the property taxes.

Good luck!

Q: I got homestead exemption in ny, I have full equity in my home. Do the trustee still have to sell the house? For Chap. 7

5 Answers | Asked in Bankruptcy for New York on
Answered on Feb 5, 2019
Jonathan David Warner's answer
That depends on whether there is non-exempt equity in your home. If there's another few thousand dollars of equity that is not exempt, or more, the Trustee may move to sell the house.

The issue, here, is that you cannot simply Dismiss your Chapter 7 case voluntarily. If the Trustee moves to sell the house, your sole, realistic avenue of relief will be to Convert your case to a Chapter 13.

Either way around, you should really consider hiring an attorney, based upon the relatively...

Q: Can you seek leniency from the court to avoid extreme hardship

4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.

For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...

Q: Do I have a case if so what do I do

1 Answer | Asked in Consumer Law and Internet Law for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
So, you want to sue over a Facebook game...?

Read over the agreement you signed when you gave them money. This is likely where the trail will end, as you'll quickly discover that they probably have the right to do what they did.

Also, how much did you pay them? If we're talking about a few hundred dollars or less, it will cost significantly more to sue the company - if you have a case - than what you'd pay for an attorney.

Your best bet is to minimize longterm service...

Q: Debt collector won a judgement on my brother and was going to garnish his wages. The debt is over 10 years old

1 Answer | Asked in Consumer Law for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
I believe that I just answered this question a few minutes ago. See my prior posting.

Q: I was just served a summons for credit card debt in NY. only income is retirement benefits and social security.

3 Answers | Asked in Consumer Law and Collections for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
Neither of your sources of income can be garnished, but your bank account can still be levied.

If you are not going to hire an attorney to do so, you should definitely.endeavor to put an Answer in on your own behalf. If you don't know how to do so, reach out to legal counsel.

Good luck!

Q: My daughter worked and lived in NYC all of 2018. She turned 18 in April of 2018. She supports herself on minimum wage

1 Answer | Asked in Tax Law for New York on
Answered on Feb 1, 2019
Jonathan David Warner's answer
Consider sending her to a VITA or LITC Tax Clinic. They'll be able to review her tax returns and determine whether an Amended Return would be beneficial or appropriate - they provide services free of charge. Hiring a private practitioner would not be cost-effective for her purposes.

Good luck.

Q: If I am being sued by a credit card company can I still file for bankruptcy?

6 Answers | Asked in Bankruptcy for New York on
Answered on Feb 1, 2019
Jonathan David Warner's answer
Absolutely. If you cannot afford to pay your debts, the commencement of a lawsuit may be the perfect time to file for Bankruptcy.

With this being said, you'll definitely want to consult with a knowledgeable attorney before you commit to any specific game plan.

Good luck!

Q: Excuse me?

2 Answers | Asked in Consumer Law, Civil Rights and Landlord - Tenant for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
Assuming there is no lease agreement, you're entitled to 30 days Notice.

Good luck!

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