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Jonathan H. Stanwood
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Jonathan Stanwood’s Answers

133 total


  • I need bankruptcy lawer

    I need to clear up my credit and get my name off a car with my ex and I want to buy a house

    Jonathan’s Answer

    Rather than post that here, find one (via Avvo) and call him or her.
    Good luck.

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  • Bankruptcy Lawyer Withholds Filing Petition

    to alert a creditor that I was filing bankruptcy. Creditor filed to make the judgment a judgment lien. Bankruptcy lawyer told me he was filing the petition the day It was completed in his office. Instead lawyer waited a couple of days to file p...

    Jonathan’s Answer

    I largely agree with what the other attorneys have already said, so I will ask you - has this delay caused any actual harm?

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  • Ok I have a question about a potential lawsuit . Want to hear what the pros think about it .

    Ok let me start by saying I'm 29 year-old and worked since I'm 15 . But hears my story . Ok I started at the last job I worked in Jun 07 and worked there until Feb 2013 making about 50k a year . In Feb of 2013 i was told that I was being left go b...

    Jonathan’s Answer

    If you're telling us you want to sue the cops for not believing you, my answer is no, you don't have a lawsuit on those facts. And if you're charged with a crime, my advice is lawyer up ASAP and think of something better than the missing tooth defense.

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  • Is it possible ti transfer real estate when the owner is deceased?

    My uncle owned the house and left it to my mom. My mom never transfered the property into her name. My mom passed 2 years ago and i am unfamiliar with Philadelphia PA laws. How can i go about getting this property transfered into my name? Its the ...

    Jonathan’s Answer

    The short answer is that you may have to open two estates - one for your uncle, one for your mother. I would want to know why you say your uncle left it to your mother? Also, when did he die? Whatever you do, be careful about the taxes - if they're not getting paid, you could have the property sold right out from under you.

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  • I received Notice of Chapter for Directbuy Associates (an auto warranty company). They owe me $1,440. What actions do I take?

    I had a warranty with Directbuy Warranty for my auto. They did not honor a claim so I canceled. They filed Bankruptcy and I am trying to recoup $1,440.00 I paid to them. I received Notice of Chapter 7 but don't know what actions do I need to ...

    Jonathan’s Answer

    If it's an asset case, yes, file a proof of claim. If it's a "no asset" case, then you cannot file a proof of claim. The notice should specify that. I agree, a consultation with an attorney would be advisable.

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  • In Montgomery County, PA, can a collection agency file a complaint directly at the county court level? Credit card debt case.

    A collection agency has filed against a person directly at the county court level. They completely skipped the DJ court, recovery amount is $4300. This is a credit card debt case. Any help will be greatly appreciated.

    Jonathan’s Answer

    Just to augment or clarify what my colleagues all have correctly stated: There is no requirement that a matter be begun in the MDJ court, so nothing was "skipped." Smaller cases are often begun there to speed things along and save on filing fees, and perhaps for other reasons, but there's no requirement that they start there. Like Mr. Rubin states, these can be complicated and even harrowing. At a minimum, make sure that a written response is filed to the complaint or a default judgment may be entered against you. Good luck!

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  • Can we sue our attorney for malpractice? Can we sue our HOA for violating bankruptcy law? Can another attorney help us?

    Filed bankruptcy December 2012 and at the time owed $500 to my community HOA. Our attorney classified the debt as medical bill in our plan. in addition, our HOA is not treating us as Homeowner's in good standing because they aged the $500 and di...

    Jonathan’s Answer

    To answer your question - professional negligence ("malpractice") actions generally must be brought within two years of the mistake. If it was in 2012, you are likely time-barred.
    It is strange that he classified the claim as a medical bill - but that's not that big of a deal if the HOA filed a proof of claim as a secured claim. That should have sorted it out. As the others have said, you should consult with someone because there are probably too many other facts we need to know to answer thoroughly here (for example, what chapter did you file? - it sounds like it was a chapter 13. Are you still in it?).
    Good luck.

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  • What does 231 PA Code, Rule 3111.1 really mean?

    I am married. Live in Pennsylvania. We have a joint Checking and Savings. There is a judgment against me only, but my husband is NOT listed on the judgment as the debt was in my name. I understand the the joint bank accounts are protected by T...

    Jonathan’s Answer

    It may. If the regular deposit of government benefits you receive is Social Security, then it's exempt under Rule 3123.1. Specifically Rule 3111.1(1) provides that if any of the funds in your account, up to $10,000, are exempt if the account contains funds which are deposited electronically on a recurring basis, like Social Security Benefits. If the account has more than $10,000, it's exempt under 3111.1(2) if the funds are are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution

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  • I am trying to obtain an expungement in Delaware County, Pa. As part of the process I need to get a criminal history check from

    I am trying to obtain an expungement in Delaware County, Pa. As part of the process I need to get a criminal history check from the state police but am not sure which form is needed. My options are a criminal history check or an individual acces...

    Jonathan’s Answer

    It's easier and quicker on-line. I think they prefer it that way. Here's the link:
    http://www.psp.pa.gov/Pages/Request-a-Criminal-History-Record.aspx#.VzPvtPkrKM8
    Good luck.

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