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Jonathan David Warner

Jonathan David Warner

  • Bankruptcy, Foreclosure Defense, Tax Law
  • New York
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Summary

Jonathan D. Warner is the co-founder and managing partner at Warner & Warner, PLLC in Albany New York. Jonathan focuses his practice in the areas of Consumer Bankruptcy Law, Foreclosure Defense Law, Consumers’ Rights Law, and Mortgage Modification assistance. Prior to attending law school, Jonathan graduated magna cum laude and Phi Beta Kappa from SUNY Albany in 2007. Thereafter, Jonathan graduated from the Michigan State University College of Law in 2011. During law school, Jonathan participated in the Jessup International Moot Court Team, served as an elected student leader in two student organizations, and worked as the Senior Research Assistant at his law school’s Low Income Taxpayer Clinic. Additionally, Jonathan also had the privilege of serving as a summer judicial intern with the U.S. District Court and U.S. Bankruptcy Court for the Northern District of New York, where he clerked for Hon. Lawrence E. Kahn and thereafter for Hon. Robert E. Littlefield, Jr., respectively. Jonathan is passionate about providing pro bono services to members of the Capital Region community. In recognition of his pro bono efforts, Jonathan was awarded the 2014 Kurt Clobridge Memorial Award for Pro Bono Service by The Legal Project. Jonathan was also awarded the 2013 and 2014 Top Contributor Award from Avvo.com. In his spare time, Jonathan enjoys spending time with his wife, Meg, and their two spoiled cats, Master and Margarita. When he isn’t at work, Jonathan enjoys reading, hiking, and riding his motorcycle.

Practice Areas
  • Bankruptcy
  • Foreclosure Defense
  • Tax Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New York
U.S. District Court, Eastern District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Southern District of New York
U.S. Tax Court
Languages
  • English: Spoken, Written
Professional Experience
Summer Judicial Clerk
U.S. Bankruptcy Court, Northern District of New York
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Summer Judicial Clerk
U.S. District Court, Northern District of New York
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Education
Michigan State University
J.D. (2011) | Tax Law
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State University of New York - Albany
B.A. (2007) | Sociology and Economics
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Honors: Phi Beta Kappa Golden Key Society
Awards
Honor Roll
U.S. Bankruptcy Court, Northern District of New York
Top 40 Bankruptcy Lawyers Under 40
American Society of Legal Advocates
Honor Roll
U.S. Bankruptcy Court, Northern District of New York
Honor Roll
U.S. Bankruptcy Court, Northern District of New York
Kurt Clobridge Pro Bono Service Award
The Legal Project
Professional Associations
Albany County Bar Association
Member
- Current
Capital Region Bankruptcy Bar Association
Member
- Current
New York State Bar Association
Member
- Current
Speaking Engagements
The Changing Landscape of Auto Assets in Bankruptcy, Teleconference
Websites & Blogs
Website
Warner & Warner, PLLC Website
Legal Answers
46 Questions Answered

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: 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 Motion for Turnover is going to be heard before a Judge. If you actually have evidence that there’s a fraud being perpetrated against you, bring that evidence to your hearing and fight the Motion. On a side note, the penalty for bankruptcy fraud is quite steep and, most of the time, quickly discoverable. It’s very unlikely that a creditor is going to risk fines and/or jail time to obtain access to a house or a car. There’s a difference between fraud and disagreement. You don’t want to make an accusation of fraud, and then proven wrong. You’d lose credibility with the Court and likely lose out on the relief your seeking. Your best bet is to contact an attorney and disclose all relevant facts of your case and determine if there is a solution to your problem. Good luck with your case!
Q. If I'm residing with roommates, is the personal property of theirs that they allow me to use legally considered mine
A: No. If you do not have title to the property, you do not own the property.
Q. Am I financially responsible as the indemnitor of a bail bond if the bond has been revoked?
A: If you signed the contract, you’re liable for the consequences of breaching the contract.
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?
A: You’ll probably want to file a 1065, given that you ended the year as a partnership.
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
A: 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!
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
A: 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!
Q. If i buy a couple of properties in one transaction do i have to keep record of each property separately or in bulk?
A: 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!
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
A: The only party that is legally obligated to pay taxes is the deeded owner.
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
A: Not really sure what your question is...
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Contact & Map
6 Automation Lane
Suite 109
Albany, NY 12205
USA
Telephone: (518) 451-9388
Fax: (518) 767-4522