Questions Answered by Jonathan David Warner

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

3 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Jonathan David Warner's answer
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 cost some money - but, then again, it's worth it if your house is at stake.

Good luck with your case!

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

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 2, 2019
Jonathan David Warner's answer
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.

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,

6 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Jonathan David Warner's answer
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 luck!

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

3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on
Answered on Mar 2, 2019
Jonathan David Warner's answer
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, and how.

Good luck.

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

3 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Jonathan David Warner's answer
If the account is not in your name, you cannot discharge the debt - it isn't yours.

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

3 Answers | Asked in Foreclosure for New York on
Answered on Mar 2, 2019
Jonathan David Warner's answer
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.

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

5 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Jonathan David Warner's answer
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.

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...

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