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Questions Answered by Jonathan David Warner
2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Indiana on
Q: If you got a ppp loan ad the government is now coming to collect should you turn yourself in or can you contact someone

make arrangements to pay?

Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

If you obtained a PPP loan and the government is looking to be paid back, then one of two things happened: (a) you did not apply for PPP Loan Forgiveness or (b) the government thinks that the loan was wrongfully obtained. It could also be that this is an EIDL Loan, as opposed to one that was... View More

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2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

Jonathan David Warner
Jonathan David Warner
answered on Aug 25, 2023

Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.

In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship...
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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: Im a lisensee at grandmas ..never paid rent now she changed the locks and moved my stuff is this legal?
Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

I'm not sure what "licensee" means within this context... but with that said, you'd need to be evicted before the locks can be changed. Seek legal counsel from an attorney that can be retained to represent you.

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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I need to file bankruptcy. I had a business and have merchant loans outstanding. I no longer own my business, what can

What do I need to do? Do I file bankruptcy?

Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

The answer to your question is unclear, as it would take a lot more information to diligently make a recommendation.

Contact a bankruptcy attorney and schedule a consultation.

Good luck with your case!

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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Since 2012/2018 a foreclosure cases has been ongoing till present Does a statue of limitations apply in NY

The first index number was filed in 2012 plaintiffs ask to discontinue in 2016 since plaintiffs did not have proper documentation. the case was refiled different index number 2018 I’m trying to sign off on DIL but they keep making errors with names and addresses on the DIL for months When... View More

Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'd agree with the other attorney answer... there are too many variables to determine whether the SOL has run out - based on FAPA or otherwise.

Reach out to a Foreclosure Defense or Bankruptcy Attorney to determine which path of resolution is best suited for your situation....
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4 Answers | Asked in Bankruptcy and Foreclosure for Connecticut on
Q: Declaring chapter 7 before foreclosure

My house - supposedly worth around $900,000, will not sell. I have tried for 5 years and am still trying. We stopped paying the mortgage in 2019. i believe they will start the foreclosure soon. We also have $46,000 credit card debt that my husband stopped paying August 2019 in Ct so they have until... View More

Jonathan David Warner
Jonathan David Warner
answered on Jun 21, 2022

As a general rule, filing a bankruptcy will eliminate all of your debts. There are exceptions (student loans, for instance), but none of the other debts you've listed will survive the bankruptcy. Further, there will not be any tax consequences emerging from your bankruptcy discharge because... View More

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5 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does a 1 year stay in 7 bankruptcy, extend to foreclosure? Can a bank initiate foreclosure within 1 year of bankruptcy?

The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?

Jonathan David Warner
Jonathan David Warner
answered on Apr 1, 2022

There is nothing stopping a lender from foreclosing after a bankruptcy is Discharged or Relief from Stay is awarded beforehand. The lender cannot begin foreclosure during a Bankruptcy case before the occurrence of either hypothetical.

Otherwise, no. There is no law the avails a grace period...
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3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for New York on
Q: I filed for bankruptcy in December of 2021. Could the servicer foreclose on me in 2022?

I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... View More

Jonathan David Warner
Jonathan David Warner
answered on Apr 1, 2022

There is nothing stopping a lender from foreclosing after a bankruptcy is Discharged or Relief from Stay is awarded beforehand. The lender cannot begin foreclosure during a Bankruptcy case before the occurrence of either hypothetical.

Otherwise, no. There is no law the avails a grace period...
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2 Answers | Asked in Consumer Law, Bankruptcy and Collections for New York on
Q: I cosigned for someone 2 years ago and now I have a repossession activity on my credit. I cant contact the person.

So I cosigned for someone 2 years ago and the person recently stopped making payments and now it has gone to repossession. The person blocked me from contacting her. My credit score dropped significantly and I am not sure what I can do. I'm not sure if I can sue her or get out of this cosign... View More

Jonathan David Warner
Jonathan David Warner
answered on Apr 1, 2022

Filing a bankruptcy will remove the negative remarks from your credit and permit you to start fresh. If you don't intend to file for bankruptcy, you'd have to sue your cosigner - which would be much more expensive and difficult than filing bankruptcy!

If you're interested in...
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2 Answers | Asked in Bankruptcy, Contracts and Public Benefits for New York on
Q: Need sum help undrstdng sum financial & car loan complication as well as some advice and explanations on sum othr

Financial obligation. Is there a way to back out of a car loan I am the co-owner of without impacting the main loan holder or is there a way to get lower payments of even possible help with payments Thru any programs?

Jonathan David Warner
Jonathan David Warner
answered on Apr 1, 2022

Filing a Chapter 13 bankruptcy may result in lower car payments through Modifying the terms of the car loan.

Contact an experienced attorney if you're interested in learning more.

Good luck with your case!

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1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for New York on
Q: I've heard it suggested to quote this law when a business forces mask wearing against my will. Does this apply?

Section 18 code 241

Also stated it's against Nuremberg trials that concluded a medical procedure can not be forced upon me.

Jonathan David Warner
Jonathan David Warner
answered on May 31, 2021

Umm... No. With all due respect, you'll just sound like a crazy person if you cite to a quotation from the Nuremberg Trials in response to being asked to wear a mask (presumably, for the purpose of preventing the proliferation of COVID-19). Private businesses can operate however they'd... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: if I signed a retail motor vehicle lease agreement in NY and car was shipped to me in NY does this fall under NY law?

Car was shipped to NY from dealer in Texas before I signed all papers and before dealer signed any papers and therefore the lease was never effectuated and I believe should be void. The transporting of this expensive car prior to a binding agreement was a form of entrapment. Noticed the dealer... View More

Jonathan David Warner
Jonathan David Warner
answered on May 31, 2021

Yes. If the contract was signed in New York, in particular with a New York-based business, then it is almost definitely controlled by New York laws... assuming there's no arbitration agreement or Choice of Laws Clause in the contract.

Good luck with your case!

1 Answer | Asked in Consumer Law and Insurance Bad Faith for New York on
Q: 1. How to find life insurance company's divisible surplus for last 15 to 30 years? 2.by insurance class? $0 div?

year 1968 participating $5,000 whole life policy. no dividends for last 15 years. Prior to that, div increased each year (to $96) then decreased in the next 4 yrs to zero; for 12 yrs $0 , however cash value increased each yr ($3,900 currently and increases a small amount each yr), no loans ,... View More

Jonathan David Warner
Jonathan David Warner
answered on May 31, 2021

I'd recommend looking into New York's State's Unclaimed Funds registry, which can be found by clicking on this link:

https://www.osc.state.ny.us/unclaimed-funds

If you're entitled to funds that are unclaimed, they might be held by the State in escrow.

Good luck with your case!

2 Answers | Asked in Collections for New York on
Q: can a money judgment be enforced after 10 years if not renewed? Can a judgment be renewed after 10 years?
Jonathan David Warner
Jonathan David Warner
answered on May 31, 2021

Yes. A civil judgment is collectible for up to 20 years in the State of New York.

Good luck with your case!

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2 Answers | Asked in Bankruptcy for New York on
Q: in bankruptcy, I am heir to a condo that has arrears in hoa fees and they put a lien on the property. is that my debt?

how do I list this property on my schedules

Jonathan David Warner
Jonathan David Warner
answered on May 31, 2021

If you are listed on the deed to the property, the you will be liable for payment of the HOA arrears - assuming that you want to keep the property.

Good luck with your case!

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2 Answers | Asked in Bankruptcy, Contracts and Collections for New York on
Q: I have an account in collections that the collections company says is past the Statue of Limitations. I'm not sure why?

I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.

Lo and behold, one of them was... View More

Jonathan David Warner
Jonathan David Warner
answered on Apr 4, 2021

It's a little odd that a debt collector would tell you that the debt is outside of the collection statute of limitations... what would be the point of their sharing this information? I'm not doubting the truth of what you've said, so much as I'm trying to figure out why.... View More

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Q: Car repossessed. Possible lemon law issue.

My Wife had our car at a mechanic shop. The seller of the car tried to take the car from their property. The mechanic shop said stay off their property. The seller went back late at night and took the car. We stopped paying for the car because we found out that the car couldn’t pass inspection.... View More

Jonathan David Warner
Jonathan David Warner
answered on Jul 16, 2020

Part of a Lemon Law claim is owning the car, which means continuing to pay for it. If you seek to file a Lemon Law claim, you'll need to catch up on your car payments before you can get it back.

You might want to contact an attorney who focuses on Lemon Law to help you sort this issue...
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1 Answer | Asked in Foreclosure for New York on
Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?

The mortgage guarantor sold our home through foreclosure sale to a 3rd party servicer through a referee's deed. There was no note attached to the mortgage. The servicer has no standing or interest in our home. The trust associated with the house is closed.

Jonathan David Warner
Jonathan David Warner
answered on Jul 16, 2020

You haven't provided enough information for anyone to provide an answer.

With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that...
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