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Questions Answered by Jonathan David Warner
1 Answer | Asked in Tax Law and Business Law for New York on
Q: do I use the 1 tax id from main biz for a few registered dba's

Corporate biz registered in NY. I'm trying to build biz credit for one of my DBAs, am I to use the 1 tax id from the main biz corporation; then do I have payment made payable to the DBA or the main corporation

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

You'll utilize Schedule C's for each business entity. You'll want to use an identical FEIN for each, assuming that you have been assigned same. If some of your entities are missing FEIN's, just leave that box blank.

Good luck!

1 Answer | Asked in Tax Law for New York on
Q: International student missed filing form 8843 for past two years? Am I in big trouble?

Hi I am an international student, I missed filing tax form 8843 for the past two years (as I had no source of income from the US).

I am considering filing it now but very worried about the repercussions.

Do I file it now?

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

Yes, file the required forms. The issue is not that you're late in filing your required tax documents; it's more important that you comply late as opposed to never. Unless you're attempting to file a fraudulent return, I cannot think of any circumstances where you'll get in... View More

1 Answer | Asked in Tax Law for New York on
Q: What is the best course of action if my income tax preparer still had not finished or filed my return?

I brought my 1099s (pension, SSI and bank statements) to a self-employed tax preparer back in February. I've hired him before and he completes my tax forms, mails copies to me, I sign a paper allowing him to file the return and mail that back to him with his fee, usually within a week. On... View More

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

If you're having doubts about the confidence you've placed in this individual, it's probably for good reason. If your sole sources of income comprise of Social Security and Pension, you may qualify to have your taxes prepared and filed - at no cost to you - through a pro bono or VITA... View More

1 Answer | Asked in Tax Law for New York on
Q: New York, Excess funds after tax lien foreclosure sale?

NEW YORK Tax liens sold to bank, house was sold at foreclosure auction. No mortgage. Excess funds after the liens /interest/penalties and everything else paid is more than 100K. Is the (former) owner entitled to the excess funds?

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

What type of tax liens? Income tax, property tax, or some combination of both or others?

In general, after your tax debt is fully paid off, you’ll receive any excess funds (less any fees charged by the county and their attorney for handing the property tax foreclosure) remaining. With...
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2 Answers | Asked in Tax Law for New York on
Q: I was unaware I needed to file gift tax returns for cash gifts I gave 2015 and 2016. Is there anything I can do now ?
Jonathan David Warner
Jonathan David Warner
answered on Oct 30, 2018

While you're required to report all gifts exceeding the statutory floor, you won't actually owe any tax if you have not exceeded your lifetime maximum giving threshold. Otherwise, yes, you'll want to file any required returns, if not to proactively demonstrate that you are not liable... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: I own some property upstate - would I have to sell it before I could declare bankruptcy?
Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

It may be best to sell it after you have filed for Bankruptcy. Selling it shortly beforehand could trigger an inquiry from the Court. Assuming that the proceeds are exempt under either State or Federal statute, there's no reason that it'd be too cumbersome to file a Motion to Sell Real... View More

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: I have used neighbors land for loading and unloading personal affects, for 48 years without permission.

The loading and unloading area is a driveway which is property of this neighbor

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

What's your question? If you're wondering whether your conduct is illegal, I don't have enough information to even venture a guess. If the question is whether you are liable for your wrongful conduct, the answer is unquestionably "yes".

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6 Answers | Asked in Bankruptcy and Personal Injury for New York on
Q: If someone has a personal judgement against them and they file for bankruptcy will that judgement be affected?

Years of court dates, depositions, and medical bills a judge awarded me a settlement . I went to the Town Clerk and Sherrifs Department, spent approximately $500 with the hopes that all the information I provided was correct. A few weeks later I find out that the person the judgement was against... View More

Jonathan David Warner
Jonathan David Warner
answered on Oct 23, 2018

The judgment would have been discharged by this Debtor's bankruptcy, but only with respect to services rendered or debts incurred *prior to* the bankruptcy filing. If any of the services/debts incurred were rendered after the bankruptcy case was filed, these particular debts would not have... View More

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2 Answers | Asked in Collections for New York on
Q: Once my debts are settled, what can I do if collectors don't stop contacting me immediately?
Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

With all due respect, if the debts were settled, no one would be contacting you in reference to debts. Consider consulting with an attorney in reference to this matter - there are probably additional tasks to be completed before these debts are, in fact, settled.

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3 Answers | Asked in Foreclosure for New York on
Q: NY: In foreclosure past 5 years represented by council on per diem basis.

Mr xxxx took over servicing from Nationstar for Freddie Mac. They sent someone to my home 2 months ago to tell me to call Mr xxxx to discuss mitigation. They apparently don’t know (care) that I’m in litigation. Nothing to lose so I speak with them and provide all my info. They respond, “we... View More

Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

If you were my client, I'd advise you to start over with the new mortgage servicer. I'm not certain what there is to "litigate" with respect to your case, but most decisions favorable to borrowers are overturned by an appellate court. Thus, it would likely behoove you to... View More

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2 Answers | Asked in Collections for New York on
Q: My ex lent me money and kept a spread sheet of it, He was adding things i didn't agree to, so he revised the list I

paid him back what we agreed to, now he is suing me for original list and things like money for times he put gas in my car, gifts, movie tickets etc..(totaling over $4,000) Can he really win this?

Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

If there is an agreement, and he can prove that there was an agreement - as well as a documented breach of this agreement - then yes, your ex could potentially win. To fight this, make sure that you have as much documentation, in writing, to support your defense.

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2 Answers | Asked in Real Estate Law, Estate Planning, Foreclosure and Probate for New York on
Q: can i be held accountable for a contract i did not sign? i am one half of an estate and other half signed

family member passed and house was lost 8 years later. i did not live in the house and was told on many occasions by person living in the home that the house was a loss but it took 8 years until member left house. now i get notice that there was money left in the estate. member "signed"... View More

Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

If you signed a contract, you are liable for the terms contained within the four corners of each page. If you did not, then you are not liable.

You may want to discuss this matter with an attorney, as it sounds like there may be more information needed to answer your inquiry.

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2 Answers | Asked in Foreclosure for New York on
Q: What is a judicial foreclosure state and is New York considered one?
Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

A judicial foreclosure is a Court-Ordered repossession of real property by a secured lender. New York is a judicial foreclosure State, meaning that banks must obtain Court Orders prior to physically foreclosing/repossessing real property.

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Tax Law for New York on
Q: My husband has hidden all his money in a non profit and my son"s name along with the corporation he has. .

He has kept me in a stae of despair. I tried legal aid legal project and various avenues to for help. I was married to him for over 40 years.

No money no attorney. Thats the way he wanted it. My son and him have planned the whole thing to personally destroy me. My father helped with an... View More

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

Consider trying the Legal Aid Society of Northeastern New York or Albany Law School.

Good luck!

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6 Answers | Asked in Bankruptcy for New York on
Q: I have approx 20,000 credit card debts and that's all I like to discharge. how long does the procedure take?

20,000 are on 3 different cards.

Jonathan David Warner
Jonathan David Warner
answered on Oct 23, 2018

It really depends upon whether you're filing for bankruptcy relief, pursuant to either Chapter 7 or Chapter 13 of the Bankruptcy Code. Depending upon your financial eligibility and goals, it could take anywhere from 4 [4] months to five [5] years!

Your best bet is to consult with an...
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2 Answers | Asked in Collections for New York on
Q: Does notice to judgment debtor in ny get mailed in plain white envelope marked personal & confidential?
Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

Yes, but Summons/Complaint do, as well. Both need to be answered, so you should open the envelope, either way around.

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4 Answers | Asked in Bankruptcy for New York on
Q: If only one spouse files for bankruptcy, how might that affect the other?
Jonathan David Warner
Jonathan David Warner
answered on Jul 30, 2018

It will not affect the other spouse. If anything, the non-filing spouse will enjoy some of the Debtor spouse's bankruptcy protections.

Good luck with your case!

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1 Answer | Asked in Bankruptcy, Consumer Law and Banking for New York on
Q: Hi, I've signed up for a MMA and they charged me 1809 for two months when others are charged 250 Signed a contract

I really don't know what to do, We tried to use a credit card but the funds were insufficient so the credit card wasn't charged, The contract says it's nonrefundable. Other people are charged 260 for 4 classes a week when i blindly signed and now am sopposedly charged '2 monthly... View More

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

I'm not sure I see how this relates to Bankruptcy... If you're seeking to determine whether this can be discharged in a bankruptcy case, the answer is likely "yes".

Otherwise, it seems to me that you signed a contract and that you're liable for whatever obligations...
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3 Answers | Asked in Bankruptcy for New York on
Q: can a overpayment of ss didability be filled in chapter 7
Jonathan David Warner
Jonathan David Warner
answered on Jul 27, 2018

The answer is yes, a social security disability overpayment can be discharged in a Chapter 7 bankruptcy - assuming that the disability was not obtained through a fraudulent or dishonest act.

With this being said, Social Security can "recoup" the amount discharged through the...
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