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Questions Answered by Jonathan David Warner
3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for New York on
Q: If I'm residing with roommates, is the personal property of theirs that they allow me to use legally considered mine

For example, because my roommate allows me to watch his TV and control it, does that constitute my ownership of his TV?

Jonathan David Warner
Jonathan David Warner
answered on Dec 19, 2018

No. If you do not have title to the property, you do not own the property.

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2 Answers | Asked in Health Care Law and Tax Law for New York on
Q: I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold

I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold and leave the rest in the corp?

Jonathan David Warner
Jonathan David Warner
answered on Dec 16, 2018

Not really sure what your question is...

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3 Answers | Asked in Foreclosure for New York on
Q: If I know foreclosure is a possibility but hasn't happened yet; so can I just transfer the title of my house to my kids?
Jonathan David Warner
Jonathan David Warner
answered on Dec 11, 2018

Why would you transfer it to your kids? There's probably a mortgage or tax lien against the house which, I'd assume, is the basis for the foreclosure - it certainly wouldn't have any impact on the pending foreclosure.

If this is an attempt to forestall the foreclosure action,...
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4 Answers | Asked in Bankruptcy for New York on
Q: Will consolidating student loans during a bankruptcy prevent discharge after a 341 meeting?

I have already sought legal help and filed for bankruptcy ch 7. I also have gone forth to the 341 meeting. My student loans are listed and less than $5k. I didn't sign any petition to have them discharged in my case.

Jonathan David Warner
Jonathan David Warner
answered on Dec 7, 2018

My immediate reaction is "no". With this said, it may behoove you to have your attorney file a Motion to Approve Refinance Agreement (or something to this effect) that will bring the transaction to the Bankruptcy Court's attention. I can't imagine that such a prayer for relief... View More

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2 Answers | Asked in Tax Law for New York on
Q: Can you go to jail for tax evasion?
Jonathan David Warner
Jonathan David Warner
answered on Dec 5, 2018

Absolutely. Remember Al Capone?

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2 Answers | Asked in Bankruptcy for New York on
Q: "earned but unpaid wages received within 60 days of filing for bankruptcy"??

I am filing bankruptcy in New York. There is an exemption I may be eligible for, to protect some cash that i have, but i dont understand the wording:

Wages

5205 - 90% of earned but unpaid wages received within 60 days of filing for bankruptcy

How can my wages be both... View More

Jonathan David Warner
Jonathan David Warner
answered on Dec 5, 2018

The nature of your question reflects that you probably should not be filing on your own - that is, if this is your plan. Bankruptcy is more than just filing out forms... it's knowing which information to enter into which form.

Remember, all Bankruptcy documents are signed under penalty...
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5 Answers | Asked in Bankruptcy for New York on
Q: Does my social security get touched if I file?
Jonathan David Warner
Jonathan David Warner
answered on Dec 5, 2018

No. Not under Federal or State law.

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1 Answer | Asked in Foreclosure for New York on
Q: I've read that military personnel get special protections to prevent foreclosure. What about former military?
Jonathan David Warner
Jonathan David Warner
answered on Nov 27, 2018

Not really. The military protections consist largely of making sure that those serving on active duty are not foreclosed upon in absentia. With that said, there are loan modifications available through the VA and/or Ginnie Mae that are specifically designed to give those associated with the... View More

3 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Can a board member forclosure on shareholder if they are late on maintenance a couple of times?

if shareholder been late on maintenance a couple of times, can board foreclose on him?

Jonathan David Warner
Jonathan David Warner
answered on Nov 27, 2018

Yes, assuming that your ownership agreement provides for such relief. You'll want to consult with an attorney, in depth, before you make any final decisions in terms of a game plan.

Good luck.

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2 Answers | Asked in Tax Law and Elder Law for New York on
Q: Hello. Does a person in a long term care inpatient facility in NY have to pay taxes? SS, 401K, pension?

Does the person admitted to long term care inpatient have to pay taxes on their pension, Social security, $401K can those taxes stop being withheld? She was admitted in June. Is she responsible for tax payment from Jan to June? Is she exempt from June to the present?

Jonathan David Warner
Jonathan David Warner
answered on Nov 27, 2018

There's no way of knowing until a tax professional can perform an analysis on the sources and amounts of your income. Your best bet would be to consult with a tax professional or attorney.

Good luck.

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4 Answers | Asked in Bankruptcy, Consumer Law and Family Law for New York on
Q: Debt for legal,fees incurred by estranged husband whom I am in the orocess of divorcing in his home state Ca - debt

Incurred in Fl - his lawyer in Ca said lien will be put on my home in NY which is my primary residency - no mortgage on property in joint tenancy. Do I have to vacate the home? I am 69 and with dystonia, high blood pressure, heart vale issue, etc. my divorce lawyer says move out he can charge me... View More

Jonathan David Warner
Jonathan David Warner
answered on Nov 27, 2018

Honestly, there's quite a bit to unpack from this question. It sounds to me as if you may be a good candidate for a Bankruptcy case, but you should really consult with an attorney, in-person, before making any final decisions in regards to this matter.

Good luck.

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2 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: what is my primary residence and my mother's primary residence?

i live in a combined condo unit owned by my mother and i (with 2 tax lots and 2 common charge bills). can my mother put 1 apt and i the other apt as primary residence? can we each pay one property tax bill and deduct that up to the limit for our individual income taxes?

Jonathan David Warner
Jonathan David Warner
answered on Nov 27, 2018

I don't see why not, assuming that (i) the property for which the credit is claimed is actually owned by the claimant and (ii) the claimant actually resides at the domicile for which the exemption is claimed.

Good luck.

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5 Answers | Asked in Bankruptcy for New York on
Q: if you have 2 people on auto loans and personal loans , and 1 party files bankruptcy. does the 2nd party become responsa
Jonathan David Warner
Jonathan David Warner
answered on Nov 27, 2018

Actually, the second party would have been responsible from the very start - co-signing a loan results in immediate liability for payments, regardless of whether they're being made by someone else or not. If you cannot make the payments after your co-signed party defaulted, you may qualify for... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: New York City Real Estate Law Question: Question in "More Information"

Is this correct?

If a building is not a coop/condo and a rent-controlled/stabilized apartment is vacated, the owner can charge a new tenant only (roughly) 20% more than the last renter paid.

BUT

If a building is t a coop/condo and a rent controlled/stabilized apartment is... View More

Jonathan David Warner
Jonathan David Warner
answered on Nov 5, 2018

With all due respect, you should be asking an attorney about this during an in-person consultation. I'm not sure what you have riding on the answer, but it would seem that it could be worth paying an attorney for a written opinion letter.

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3 Answers | Asked in Bankruptcy, Consumer Law and Banking for New York on
Q: Can a bank take funds for offset if the money was withdrawn from a 401k due to financial hardship?

I withdrew money from my 401k due to financial hardship, the institution in error sent to a closed/overdrawn account (I have proof this is their error). Can the bank legally take my money even though it was for hardship and they were previously notified of bankruptcy?

Jonathan David Warner
Jonathan David Warner
answered on Nov 5, 2018

They wouldn't be able to take your money, anyway, given that the error was on their part. The commencement of your bankruptcy case strengthens your protections.

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Wrongful co op sales. I hired CASA to help me save my co op and it was sold. They didn't stop the sale.

They told me they would resend the sale, but they didn't. My co op told me to get a lawyer. I have been trying to get one but, can't find anyone to help me.

Jonathan David Warner
Jonathan David Warner
answered on Oct 31, 2018

It doesn't sound like the co-op sale was wrongful, so much as you might not have had a fair opportunity to combat it (due to alleged attorney failure).

Consider reaching out to new counsel in an effort to rescind the sale. If necessary, the filing of a Chapter 13 Bankruptcy could allow...
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5 Answers | Asked in Collections for New York on
Q: I fell behind on credit card payments. Creditors informed a family member about my debt. Is this legal?
Jonathan David Warner
Jonathan David Warner
answered on Oct 31, 2018

No. Under the FDCPA, it is not legal for debt collectors to contact family members and to inform them regarding your debts. With this said, the FDCPA does not apply to the original creditors, themselves.

Consider reaching out to them and establishing a preferred avenue of contact. This way,...
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1 Answer | Asked in Social Security for New York on
Q: I am 71 and still working. Am I entitled to a refund of social security deductions from my pay after age 66?

I was told that I can get a payment from social security because they are still deducting from my pay since age 66 and my monthly payment has not increased

Jonathan David Warner
Jonathan David Warner
answered on Oct 30, 2018

No. These payroll taxes are deducted for as long as you're earning wages.

1 Answer | Asked in Social Security for New York on
Q: Will my husband get a reduced disability payment if he volunteers at a charity?
Jonathan David Warner
Jonathan David Warner
answered on Oct 30, 2018

No, as he would not be getting paid.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed
Jonathan David Warner
Jonathan David Warner
answered on Oct 30, 2018

Under some circumstances, the answer is "yes" - but only with respect to child support, income taxes, criminal restitution, or Social Security overpayments. Give them a call and ask them about it - they'll at least be able to let you know to whom the debt is owed. There have been... View More

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