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Jonathan H. Stanwood

Jonathan Stanwood’s Answers

101 total

  • My wife recently died leaving huge medical bills. Am I responsible for them? Can they put a lien on my home? I live in PA.

    She had insurance but was in hospital for 4 months.

    Jonathan’s Answer

    First of all, sorry for your loss.
    If you are not obligated under a contract for services you are not obligated on the debt, however, as my colleague pointed out below, necessities, such as medical treatment, may be. But the question is whether they will actually sue you for the debt. If they sue you AND get a judgment, then yes, it will be a lien on your home.
    Since you posted this under bankruptcy, it may help you to file and you should probably consider consulting with a bankruptcy attorney so that you can understand your options but I don't see it as something you will actually have to do.

    Good luck.

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  • I would like to know if there is anything I can do against my former employer. I was let know because I filed bankruptcy.

    I was given unemployment but everyone I talk to says that I should look into seeing if there is anything else I can go since they should not be able to do this.

    Jonathan’s Answer

    I agree with most of my colleagues. To add to it, the bankruptcy code says this, in part:
    (b) No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt—
    (1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act;
    (2) has been insolvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or
    (3) has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act.

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  • Evicting a non-owner from a foreclosed property

    If I purchase a property at sheriff sale and it has not been owner-occupied for more than 90 days, but has been occupied by an owner's adult family member during that time period, what means of recourse do I have to evict the family member if they...

    Jonathan’s Answer

    When you purchased at the sale, it (hopefully) divested the owner of all interests in the property so whether there was a leasehold or not, it should have no bearing on your present position. The common practice is to file an ejectment lawsuit which states that you have title to the property but the person occupying it has no right to be there.

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  • Back in 98 I violated my probation it's been 17 years with a clean record in Pittsburgh Pa married with 2 kids

    VOP back in 98 in Florida been in Pittsburgh pa for 17 years with a clean record just would like to know what's going to happen if I turn myself in for this warrant. I am going through martial problems have 2 kids with her also I was also dumb and...

    Jonathan’s Answer

    If the warrant is from Florida and you turn yourself in Pennsylvania, Pennsylvania must notify Florida that they are holding a prisoner for them. Florida then decides whether to come get you or not. They have 30 days to make that decision. If they do not come get you or tell Pennsylvania that they will not come get you Pennsylvania will release you but it still does not fix the issue with the warrant down in Florida.

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  • Can I add my utilities to my bankruptcy and still keep them? I am on payment programs but balances are over $1000 each...

    I have outstanding balances with my electric and gas companies, I am on their payment plans to pay down the balances little by little... They are both over $1000 behind, can I add them and still use their service going forward or am I going to hav...

    Jonathan’s Answer

    Since your question is not totally clear - Was it a chapter 7? How do you know it will close Thursday? - I will add that any debts that you owed on or before the date you filed your bankruptcy should be listed in the bankruptcy schedules. If these debts arose after you filed, they are not covered by the bankruptcy discharge and you likely will have to pay the amounts that became due after the case was filed. If these are debts that arose before you filed and you did not list them in the schedules, you probably should amend the petition to amend them.

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  • Can I file bankruptcy on a house that belongs to my deceased mother Can

    The mortgage is in a friends name but the deed is in my mother name. The mortgage is behind and the friend that holds the note refuse to g Share any info. I want to save house. Can I file the house under bankruptcy?

    Jonathan’s Answer

    • Selected as best answer

    First, you cannot file a bankruptcy "on a house." A person (or other entity) files the bankruptcy and the assets and liabilities of the debtor are treated in the bankruptcy for the most part according to the bankruptcy code. Since an estate cannot be a debtor, your rights in the house should be determined and probably finalized and then consider how a bankruptcy may be able to deal with the creditor/note holder. It's far too complicated to answer it here. Your best bet is to consult with someone who is familiar with the bankruptcy code and the probate code.

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  • Do I have any legal recourse?

    I received a noticed to appear in PA regarding the sale of my house, I live in TX, and was give 9 days to appear. I asked for a continuance or phone hearing. I heard nothing back. I am a single parent working 2 jobs. The day of the hearing the cou...

    Jonathan’s Answer

    Also, taking legal advice from a clerk isn'taadvisable. Someone saying there's nothing you can do sounds dead wrong. There's almost always something that can be done... whether it's advisable or worthwhile is another question. Also, you haven't told us what sort of hearing occurred or what you want to do.

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  • Mortgage Foreclosure, PA. Multiple persons as defendants. Plaintiff filed Summary Judgment. One defendant responded. Granted????

    Judge granted Plaintiff's Motion for Summary Judgment. Judge cites PaRCP 1035.3(d) - failure to respond. HOWEVER, One Defendant DID RESPOND!!!!!!! The responding Pro se defendant cannot represent other defendants, and is not in con...

    Jonathan’s Answer

    Not a motion to open (or reopen) Because the court has ruled, you basically have two options:
    1) Motion to reconsider based on what you say - that one defendant responded; or
    2) Appeal to the superior court.
    You may be required to do both in order to preserve your appellate rights.
    Also, what is the exact language of the order that the court signed? Only that it's granted based on rule 10359(d)? Was the response properly filed, docket and served?

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  • Would this be considered preferential payment if the money was never a loan?

    My sister asked me to help her invest in a stock for $50,000 in 2013 because she is unfamiliar with investing. She wrote me a check and I placed the order for her in my personal brokerage account. A year later, she wanted to sell the stock and too...

    Jonathan’s Answer

    Wow, what a question. You get your day in court if you disagree with the trustee. And there are other issues to sort through. First, you say your sister is not a creditor - perhaps - so you were holding the funds in trust for her? The court could hold a hearing where you could present evidence to support your position. You also have a right to appeal if the court rules against you (however reversals are statistically rare.
    If you were to wait 7 months prior to filing - I assume you are referring to the period required to disclose on SOFA #10a - why pay the minimum to creditors? Why pay them anything? Also, keep in mind that the two year disclosure period is what you must disclose, however many, if not all, trustees inquire beyond that period (based on state law) so don't feel as if the two year period is some magic cushion past which all will be clear. I could probably come up with more things to think about...good luck.

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  • How soon after a quit-claim deed is filed can you file bankruptcy?

    My Mother and Father placed my siblings and I on their house deed over 10 years ago with them on as "in trust". My Mom decided recently due to myself and my sister having financial problems to remove all of us and place the deed in her name only. ...

    Jonathan’s Answer

    I will add to what my colleagues have stated that the statute of limitations on a fraudulent transfer claim is 4 years in Pennsylvania. My guess is that you should have - and I really hate to say should have - filed the bankruptcy first, then worried about the transfer (if even needed) later. But this is just general information, however, and really not meant specifically to your case because I simply do not know enough details.
    The other issue (which may be a benefit to you) is whether your mother, as trustee, had the actual power to re-convey to herself - essentially dissolving the trust? Interesting issues which may be worth evaluating in more detail.
    I think you should consult with an attorney.
    Good luck!

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