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Questions Answered by Jonathan David Warner
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
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...
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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
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,...
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1 Answer | Asked in Consumer Law and Internet Law for New York on
Q: Do I have a case if so what do I do

I purchased a clawee app & purchased coins the cams glitched making it impossible to win and it did it on almost every game they had the side cams angled on weird spots like the wall & in a clawee game that makes it so u can't judge where to drop it I contacted them for my money back... View More

Jonathan David Warner
Jonathan David Warner
answered on Feb 3, 2019

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...
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1 Answer | Asked in Consumer Law for New York on
Q: Debt collector won a judgement on my brother and was going to garnish his wages. The debt is over 10 years old

His credit score is 755 and his report doesn’t mention the debt. He claims he never had the credit card

Jonathan David Warner
Jonathan David Warner
answered on Feb 3, 2019

I believe that I just answered this question a few minutes ago. See my prior posting.

3 Answers | Asked in Consumer Law and Collections for New York on
Q: I was just served a summons for credit card debt in NY. only income is retirement benefits and social security.

Will my income be garnished? Will my bank account be frozen? Should I send a letter asking for forgiveness? Or a payment plan?

Jonathan David Warner
Jonathan David Warner
answered on Feb 3, 2019

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!

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1 Answer | Asked in Tax Law for New York on
Q: My daughter worked and lived in NYC all of 2018. She turned 18 in April of 2018. She supports herself on minimum wage

She earned 14050.00 in 2018 and now has to pay $195 in federal income tax. She is not a student. Is there any deduction she can take? She's barely able to buy food, much less pay taxes. I tried to claim her on my taxes but told ineligible. I live in Texas

Jonathan David Warner
Jonathan David Warner
answered on Feb 1, 2019

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.

1 Answer | Asked in Business Law, Real Estate Law and Tax Law for New York on
Q: is there any way to deduct the full closing costs on a rental property instead of adding it to the basis?
Jonathan David Warner
Jonathan David Warner
answered on Feb 1, 2019

Why not deduct them as legal services?

6 Answers | Asked in Bankruptcy for New York on
Q: If I am being sued by a credit card company can I still file for bankruptcy?

I have a lot of credit card debt and I’m only able to make the minimum payment. So I signed up for debt relief and it was still too expensive so I canceled it. Now I’m being sued by one of my credit card companies because I owe them money. I wanted to know if I was still able to file bankruptcy.

Jonathan David Warner
Jonathan David Warner
answered on Feb 1, 2019

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!

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2 Answers | Asked in Consumer Law, Civil Rights and Landlord - Tenant for New York on
Q: Excuse me?

Yes I have been renting out a room from a lady for awhile now and now due to us not getting along she wants to kick me out.. I agreed to it but her terms are too harsh she hasn’t given me time to move out and now she is telling me that she can file a restraining order upon me if I don’t leave... View More

Jonathan David Warner
Jonathan David Warner
answered on Feb 3, 2019

Assuming there is no lease agreement, you're entitled to 30 days Notice.

Good luck!

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3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

with a forwarding address, can the CPLR 3215 g Affidavit of Additional Mailing be amended with new date AND forwarding address? OR, does a totally new Affidavit have to be done?

Jonathan David Warner
Jonathan David Warner
answered on Feb 1, 2019

I'm going to agree with the first answer.

An Affidavit of Service indicates that service was rendered, not necessarily that service was ultimately successful. If the mail was ultimately forwarded to a different address, and was returned as undeliverable, it demonstrates that you likely...
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2 Answers | Asked in Consumer Law for New York on
Q: How can one be sued and lose a judgement for a 10yr old debt that has never shown on a credit report or affected score

Credit score is 735 yet the company claims debt hasn’t had a payment in 10 years

Jonathan David Warner
Jonathan David Warner
answered on Feb 3, 2019

A credit report only shows debts that are reported by the lender - it's always possible to have a debt or two that are unreported. In other words, a debt can exist, regardless of whether or not it's on your credit report.

If a summons was filed, and no answer was interposed, then...
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4 Answers | Asked in Bankruptcy for New York on
Q: What is the law number that allow exemption in households

I am filing for chapter 13 and asked me, after the amount I claimed, what is the specific law that allow exemption

Jonathan David Warner
Jonathan David Warner
answered on Jan 20, 2019

Any New York State-licensed bankruptcy attorney should know the answer to this question - CPLR Sections 5205 and 5206. You also have the option of claiming Federal Exemptions, though New York’s are significantly more generous.

With this said, be forewarned about filing without an...
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3 Answers | Asked in Bankruptcy for New York on
Q: I have a student loan that has tripled due to interest accrued

I need to find out what to do with this loan which has changed hands many times. I have paid on it sporadically due to financial issues. I am willing to negotiate a reasonable payment but have appealed to thees different lenders with no positive results.

Jonathan David Warner
Jonathan David Warner
answered on Jan 20, 2019

Student loans are *rarely* dischargeable in Bankruptcy, but the payment structure can often be temporarily reduced and/or modified.

You should definitely consider consulting with an attorney if you’re going to traverse the Bankruptcy route, as you’d need to file under Chapter 13 to...
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1 Answer | Asked in Tax Law for New York on
Q: If my mom gifted me $60000 as a down payment for a house does this count towars my income and do have to pay taxes on it

The amount of $60000 is gifted to me as a gift from my mother

Jonathan David Warner
Jonathan David Warner
answered on Jan 5, 2019

No, gifts are not taxable... for you. Depending upon a series of other factors, it could bear tax consequences for your Mom - she should consult with a tax attorney if she is in the habit of giving away larger amounts of money to friends and family members.

Good luck with your case!

1 Answer | Asked in Tax Law for New York on
Q: My mother is falsely claiming me on her taxes. Is that illegal and could I take legal action to make her stop (ex:lawyer

I’m a 20 y/o full time college student and i haven’t lived or spoken to my mother in over a year.

Jonathan David Warner
Jonathan David Warner
answered on Jan 5, 2019

If she is falsely claiming you, yes, you can technically report her... but she’s your Mother! Doesn’t the thought of her being prosecuted bother you? Perhaps talking this over with her, as a first step, would be a more harmonious step towards resolving everything.

Good luck with your case!

1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: If i buy a couple of properties in one transaction do i have to keep record of each property separately or in bulk?

If i buy a couple of properties in one transaction do i have to keep record of each property separately or in bulk? ( in regards to taxes)

Jonathan David Warner
Jonathan David Warner
answered on Jan 5, 2019

Definitely separate records. You’ll need individualized information for the purposes of depreciation, cost basis, and rental use percentages.

Just a tip: If you haven’t at least talked about this with a CPA or tax attorney, now is definitely the time to do so.

Good luck with your case!

1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Q: i have a disregarded entity and in middle of the year i got a partner should i file a schedule c or a 1065?

and how do i file it?

Jonathan David Warner
Jonathan David Warner
answered on Jan 5, 2019

You’ll probably want to file a 1065, given that you ended the year as a partnership.

1 Answer | Asked in Tax Law for New York on
Q: An unmarried couple breaks up. They both lived together in a house owned by only one of them. who pays taxes at tax time

Lived together for little more than a year.

Partner who owns home wants other partner to pay half taxes on the home the other does not own or have any written/legal claim to.

Jonathan David Warner
Jonathan David Warner
answered on Jan 5, 2019

The only party that is legally obligated to pay taxes is the deeded owner.

2 Answers | Asked in Bankruptcy for New York on
Q: Is it appropriate for a creditor to file a 542 motion for turnover of assets he claims are not property of the estate?

A creditor filed claims against the estate, then years later filed a motion pursuant to 105 and 542 for turnover of assets which are almost identical to the amounts alleged in his previously filed claims, asserting that these were not assets of the estate under 541.

Note - many of this... View More

Jonathan David Warner
Jonathan David Warner
answered on Jan 5, 2019

There’s a lot more information needed to answer your question. You’ve asked your question in a manner that answers itself, which immediately leads me to believe that you’re leaving out some details - we all know that it’s never acceptable to file false claims with a Federal Court.

A...
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3 Answers | Asked in Bankruptcy for New York on
Q: Am I financially responsible as the indemnitor of a bail bond if the bond has been revoked?

I am the indemnitor on a $11,000 bond that was revoked. I bonded out my ex boyfriend from two different charges. His bond was revoked because he was arrested while on bond for harassing me. Despite that I was the victim of the aggravated harassment charge, would I still be responsible financially... View More

Jonathan David Warner
Jonathan David Warner
answered on Jan 5, 2019

If you signed the contract, you’re liable for the consequences of breaching the contract.

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