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Jonathan David Warner

Jonathan David Warner

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

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
Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Foreclosure Defense
Tax Law
Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New York
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U.S. District Court, Eastern District of New York
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U.S. District Court, Northern District of New York
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U.S. District Court, Southern District of New York
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U.S. Tax Court
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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
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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
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Capital Region Bankruptcy Bar Association
Member
- Current
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New York State Bar Association
Member
- Current
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Speaking Engagements
The Changing Landscape of Auto Assets in Bankruptcy, Teleconference
Websites & Blogs
Website
Warner & Warner, PLLC Website
Legal Answers
107 Questions Answered
Q. Typical waiting period for home loan after Chapter 7 dismissal in NY?
A: 2 years for an FHA-backed mortgage loan
Q. Does a motion to show cause in a NY foreclosure case go to the current judge or a different one?
A: Under the circumstances, you really should be hiring an attorney to represent and counsel you regarding legal strategy.

First, the legal process you're referring to is called an "Order Show Cause," not a "Motion to Show Cause". If you file this legal process as a Motion, the Court might not know what you're trying to accomplish. And yeah, it's filed before the currently presiding judge.

Second, this strategy is extraordinarily unlikely to be successful. Unless the specific issues you're bringing up could not possibly have been discovered [on or about] when the case was first commenced, the Court will not give you a second chance to make these arguments. That's not how litigation works.

Third, there's rarely such a thing as a free house in foreclosure. If you signed a loan and got a financed house in return - or if someone who owns/owned the house with you did so lawfully - then there aren't many fact patterns that would exonerate you from your (or their) responsibility to satisfy the mortgage prior to owning the house free and clear.

If you're looking to keep your house by paying what you owe towards the mortgage, you'd do better to file for Chapter 13 Bankruptcy - through a knowledgeable attorney, not on your own - and seek a loan modification. Any other strategy will, at best, avail you of a temporary stop-gap that will not actually fix the problem.

My advice is to hire an attorney. Good luck with your case!
... Read More
Q. I have been fighting foreclosure in court for 12 years. The bank has filed three motions for summary judgment and all
A: The answer to your question will depend upon a number of variables. My recommendation is that you retain legal counsel to, at the very least, review the matter and give you some guidance from there.

Good luck with your case!
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Contact & Map
6 Automation Lane
Suite 109
Albany, NY 12205
US
Telephone: (518) 451-9388
Fax: (518) 767-4522