Steven Anton Marczeski’s Answers

Steven Anton Marczeski

San Diego Bankruptcy Attorney.

Contributor Level 3
  1. I NEED A SAN DIEGO Bankrupty and Debt Collections Attorney! Violations of the FDCPA and discharged debt from 2005 Chp 7 HELP!

    Answered about 2 years ago.

    1. Steven Anton Marczeski
    2. Mark Phillip Kurowski
    3. Arash Arjang
    4. Deborah Ann Stencel
    4 lawyer answers

    I am in San Diego. I would like to talk to you more about this case. Note that there has been a rash of lenders using call centers overseas who are using threats, intimidation and other violations of both the Rosenthal and FDCPA act to bully people into paying these discharged debts. You are correct in knowing that the debt is discharged.

    Selected as best answer

  2. Does the trustee in a chapter 13 bankruptcy represent the creditors?

    Answered over 1 year ago.

    1. Zachary J. Kluck
    2. Steven Anton Marczeski
    3. Dorothy G Bunce
    4. Brian Crozier Whitaker
    5. Davin Michael Van Eyken
    5 lawyer answers

    The Chapter 13 Trustee is charged with several tasks, among them: 1) To ensure compliance by the debtor of all applicable bankruptcy laws. 2) To ensure the plan proposed by the debtor contains all disposable income of the debtor, and that the plan also would be in the best interest of the creditors. 3) To distribute the proceeds of the monthly payments to the plan. So, while it seems that the Chapter 13 works in some ways for the best interests of the creditors, No Chapter 13 trustee...

    3 lawyers agreed with this answer

  3. I just checked my bank account balance and found out my money is gone , reason : notice of levy writ of execution .

    Answered over 2 years ago.

    1. Kevin Samuel Sullivan
    2. Steven Anton Marczeski
    2 lawyer answers

    You don't mention if you are serving overseas in a military capacity, however, if you are, you may be protected by the Servicemembers Civil Relief Act (SCRA). If it is in fact a collection case, and the case happened while you were serving overseas in a military capactity, you are protected by this Federal Law. The Servicemembers Civil Relief Act (50 U.S.C. App. §§501-597b) can be found here: http://www.justice.gov/crt/spec_topics/military/scratext.pdf If you are a military service member,...

    1 lawyer agreed with this answer

  4. My Claim of Exemption was granted! Should I use form FL-678 to prepare the order? This is for a levied bank account not wage

    Answered over 1 year ago.

    1. Steven Anton Marczeski
    1 lawyer answer

    It would depend on who levied the account. FL-678 is for a governmental levy of your bank account for child support. If this is a standard civil judgment, you may be sent an order or a document called a 'minute order', that you can take directly to the levying officer (usually the Sheriff's Office)

  5. Mc Mahans Furniture Judgment

    Answered about 2 years ago.

    1. Steven Anton Marczeski
    1 lawyer answer

    If the store went out of business, a successor should have taken over the judgment (a judgment is an asset, just like a computer or a desk). If you do find out who owns the judgment now, you can send a demand for them to satisfy judgment. Please refer to California Code of Civil Procedure §724.050, which you can read here 1.usa.gov/RqmZ5A Please note that there are penalties for a judgment creditor or successor who does not enter satisfaction of judgment. Please refer to that statute...

  6. I am filing Chapter 7 tomorrow and I am subject to a continuing wage garnishment- how do I notify my HR to stop it immediately?

    Answered about 2 years ago.

    1. Walter C Oney Jr
    2. Michael A. Goldstein
    3. Craig W Stewart
    4. Steven Anton Marczeski
    5. Deborah F Bowinski
    5 lawyer answers

    I would in addition to the HR department of your work, I would have your attorney notify the levying officer of the jurisdiction that you live in (in CA it is the sheriff) just to make sure that if they do have any money, to not turn it over to the creditor.

    1 lawyer agreed with this answer

  7. Home foreclosed during active duty.

    Answered over 1 year ago.

    1. Keith Alan Gantenbein Jr.
    2. Steven Navaro
    3. Steven Anton Marczeski
    3 lawyer answers

    Who refused you the security clearance? Was it DoD through the ISP, or the Army? That has a huge effect on what your next step is. Was your bankruptcy discharged or dismissed? Were you on active duty when your house was foreclosed? Much more information is needed. You might want to contact an attorney who deals in Security Clearances and in Bankruptcy. I'm available to chat with you should you need to.