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Questions Answered by Jonathan David Warner

3 Answers | Asked in Bankruptcy for New York on

Q: A chpt.7 referee awarded me homestead exemtion after a referee deed was filed on the property. But before the sale of my

Home a tender of payment was given to the bank but they sold the property anyway and violated a Supreme court order to stay the sale. The trustee in chp. 7 told me she received my tender of payment and granted the ny homestead exemption. But she has not brought an adverse claim against the people... Read more »

Jonathan David Warner answered on Mar 2, 2019

You - not the Trustee - should be taking the lead on this one. My assumption is that you do not have an attorney at this time, given your reliance upon the Trustee to remedy your situation.

Do yourself a favor... hire an attorney who knows exactly how to fix the situation. It will probably...
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2 Answers | Asked in Real Estate Law for New York on

Q: I’m divorced and the mortgage is in both names. I have made all the payments since the divorce. He wants his name off t

The mortgage. He has accrued enormous debt since our divorce. I have no plans to sell the house. Is this possible.

Jonathan David Warner answered on Mar 2, 2019

You'll need to refinance the house, as this is the only way to do so - absent selling the house. Banks generally won't perform Mortgage Assumptions, absent a specific Order from a Court.

Contact an experienced attorney if you're looking to go the Assumption route...

Good luck.

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6 Answers | Asked in Bankruptcy for New York on

Q: I filed chpt.7 but my automatic stay was removed by the bank, if i convert to a chpt13 do i get a new automatic stay,

And do the bank have to motion the court again to remove the chpt13 stay?

Jonathan David Warner answered on Mar 2, 2019

Not necessarily. This is not an easy question to answer, even with all of the relevant information before the attorney. My assumption is that you do not have an attorney. Your best avenue of relief is to hire one who is extremely familiar with Motion practice and Bankruptcy litigation.

Good...
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3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on

Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?

Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a satisfaction... Read more »

Jonathan David Warner answered on Mar 2, 2019

There's no Motion to file if there is no actual case... Is there currently litigation involving this property?

For what it's worth, this is an extremely subtle, complicated inquiry. Your best bet is to sit down with an attorney and obtain an opinion regarding what can be done, if anything,...
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3 Answers | Asked in Bankruptcy for New York on

Q: can a family’s members bill in there name be claimed on my bankruptcy?

My cell bill is very high and in my moms name. I have been paying it, can I include that?

Jonathan David Warner answered on Mar 2, 2019

If the account is not in your name, you cannot discharge the debt - it isn't yours.

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3 Answers | Asked in Foreclosure for New York on

Q: Is there a status of limitation on foreclosuring on a property

When a lender/bank starts the foreclosure process,how long do they have to complete it.is there a status of limitation.

Jonathan David Warner answered on Mar 2, 2019

No, there is no time limit in relation to how long the foreclosure case is allowed to last for. Consider retaining an attorney, as I have to assume that you do not have one, based upon the nature of your question.

Good luck.

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5 Answers | Asked in Bankruptcy for New York on

Q: After filing, can the trustee ask for my rent lease to be terminated? I stated I will to assume my apartment lease.

I have already filed my case but I read online If the trustee believes the rent is unreasonable or beyond the debtor's means, he can direct the court to terminate the lease, allowing the landlord to evict the debtor. Furthermore, the trustee has to decide within 60 days of the petition filing... Read more »

Jonathan David Warner answered on Mar 2, 2019

This rarely occurs... but with this being said, you should really retain an attorney if this is truly important to you - why leave this to chance?

Good luck.

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1 Answer | Asked in Consumer Law, Antitrust and Communications Law for New York on

Q: Telecom disconnects service without notice.

My local (New York City) telecom company disconnected service (phone + internet) without notice. To have it reestablished, they’re asking for installation fees (to run new connection cables) and increased monthly charges. Is this action warranted under law?

Jonathan David Warner answered on Feb 14, 2019

If the bill was not paid, they have the right to disconnect.

Good luck.

1 Answer | Asked in Bankruptcy for New York on

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

Do I still list it under my budget

Jonathan David Warner answered on Feb 14, 2019

Yes, you are requires to list all your income and liabilities in your bankruptcy schedules.

Good luck.

3 Answers | Asked in Consumer Law and Criminal Law for New York on

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

Jonathan David Warner answered on Feb 14, 2019

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...
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3 Answers | Asked in Bankruptcy for New York on

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

Do I still list it under my budget

Jonathan David Warner answered on Feb 14, 2019

Yes. You are required to list all your income and expenses.

Good luck.

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2 Answers | Asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for New York on

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

Jonathan David Warner answered on Feb 14, 2019

File a police report and contact the FBI.

Good luck.

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4 Answers | Asked in Bankruptcy for New York on

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

Jonathan David Warner answered on Feb 13, 2019

The Court could force liquidation of your interest in the property, but not the interest of others'.

Good luck.

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1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on

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

Jonathan David Warner answered on Feb 12, 2019

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.

2 Answers | Asked in Collections for New York on

Q: Does Son need to pay?

The NYS AG's office has contacted my son saying he owes $2000 for unpaid tuition for Fall Semester of 2017 at SUNY Albany. My son did not return to Albany after Spring of 2017 but went to a local County Community College instead for Fall of 2017. My son did registered for the Fall Semester at... Read more »

Jonathan David Warner answered on Feb 12, 2019

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.

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3 Answers | Asked in Consumer Law and Bankruptcy for New York on

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

Matrix list and they are trying to evict me from my home and remove the Automatic Stay. Should I add them to the Matrix list, even though I do not owe them nothing? They have already violated the Stay, and if I add them will i still be protected after the discharge order from them evicting me?

Jonathan David Warner answered on Feb 12, 2019

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...
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1 Answer | Asked in Consumer Law for New York on

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?

Jonathan David Warner answered on Feb 7, 2019

It's illegal to take property that does not belong to you.

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on

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

Jonathan David Warner answered on Feb 7, 2019

If a Mortgage foreclosure is discontinued, and there was no loan modification that recapitalized the taxes owed, you owe the property taxes.

Good luck!

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5 Answers | Asked in Bankruptcy for New York on

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

Also my unsecure are about 40 thousand, can i keep my property or must the trustee sell it, for Chapter 7? And if the trustee sells it will she cut a check for only the homestead exemption or all of the equity too?

Jonathan David Warner answered on Feb 5, 2019

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...
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4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on

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

My house was foreclosed on receive a letter to vacate have three children in school and my funds are limited

Jonathan David Warner answered on Feb 3, 2019

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...
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