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Mark Phillip Kurowski

Mark Kurowski’s Answers

39 total

  • I NEED A SAN DIEGO Bankrupty and Debt Collections Attorney! Violations of the FDCPA and discharged debt from 2005 Chp 7 HELP!

    I have posted here before about a bank that is RELENTLESSLY harassing my husband and me over a debt that was discharged in Chp7 Bankruptcy in 2005. The debt was for an RV. There was no reaffirmation agreement signed, and there were no adversary co...

    Mark’s Answer

    You are correct, of course. And if that company has a presence in the U.S. (it seems likely based on your updated info), then it should be possible to hold them liable for violations of the bankruptcy discharge, the federal FDCPA, and the state Rosenthal Act. Assuming you and Attorney Marczeski have connected, you're in good hands, as Steve is a great attorney.

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  • My employer filed chapt 11 I am still employed until they sell could me months or years i am getting a car loan will i be denie

    my credit is stellar, the HR dept at work will be able to verify my current employment and income , my employment ( and those of only 16 remaining employees) will continue until such time my employer has sold the business but is the fact that my...

    Mark’s Answer

    Your employer will likely NOT volunteer any additional information, so it is unlikely the car lender will learn of the situation. You are currently employed, and the chapter 11 will possibly end up as a sale or reorganization, rather than a liquidation, so your employment there might continue forever; you are under no obligation to foretell the future on your loan application. Separate thought: if you are buying a NEW car, have you thought long and hard about doing so?

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  • Me and my husband lived in a home and were told to remove a bunch of miscellaneous things that were sitting in a basement for 5

    years before we lived there so there was a safe he cut it up to remove it and when we moved out the landlord pressed charges for malicious destruction of property well they offered a 7 an a half year plea he didnt take it so now they uped his char...

    Mark’s Answer

    I just changed the "Practice Area" to Criminal Defense, so I hope you get some helpful answers!

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  • Is there a way to get an credit report from past years?

    I need an older credit report for a court hearing to prove that at the time my exemployer cheated the system to keep my from my unemployment benefits it affected my credit score. How do I get it?

    Mark’s Answer

    Can you please state WHY you think you need to show that your score was lower at that specific point in time? Did a particular creditor deny you credit thus harming you? If so, then follow Attorney Lyngklip's steps to get such information from that creditor (including their Denial letter to you, assuming you don't have a copy).

    But credit scores are a mere snapshot in time, so your current score has nothing to do with an old score per se; it is based on all of the data in the report. And your current report should still show that old data unless it's so old it has fallen off the radar or your employer has removed the data covering his tracks of when it "cheated the system". Is this what you think happened?

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  • Calls from Collectors.

    Why would a collection agency does not send anything in writing but they call everyday.

    Mark’s Answer

    I agree with Attorney Eliot. And if you don't want the phone calls to continue, you need to send a letter to that collection agency saying so. Also, if you have other debt load that might end up in collections, it wouldn't hurt to speak to a local attorney about your situation.

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  • Can a DRUG DEALER file Chapter 13 to avoid paying child support?

    I would like to know is it possible for a DRUG DEALER TO FILE Chapter 13 in regards to child support . He HAS NOT FILED a TAX RETURN in the last 10 years at least. He is seriously behind on his payments and is currently incarcerated with a set pur...

    Mark’s Answer

    Please read my answer to a similar question asked within the last hour:
    http://www.avvo.com/legal-answers/what-are-the-must-have-requirements-of-chapter-13--611730.html?ref=result_1_title

    But child support is NOT discharged in bankruptcy, so it would actually be a good thing if he and/or his wife paid the child support via a chapter 13 plan, no?

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  • What are the MUST HAVE requirements of Chapter 13 Bankruptcy?

    My husband is thinking about filing Chp. 13 for his child support. He has multiple children and is behind on his child support in a major way. The kick is...he does not have a job and he is currently incarcerated for one of his child support cases...

    Mark’s Answer

    A person needs regular income to support a chapter 13 plan. With no job, and I presume no steady gifts from a benefactors or other regular income, then your husband cannot file a 13.

    If you're working, then you might be able to fund an individual or joint 13 to get your husband out of jail.

    There are a lot of details to be analyzed in your situation, so I suggest you consult with a local bankruptcy attorney.

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  • I just got a summons on a home i surrendered a year ago in chapter 13.

    I now have a new home, but what do I do with this summons.Do I have to go to court? In my chapter 13 it says I surrendered the home.I thought I was done.What do I do anything or nothing at all.

    Mark’s Answer

    Please provide more details because many things might be happening here.

    For example, it's possible that your previous home had an HOA, and that you didn't pay the post-petition HOA charges. Even though you surrendered the home, until you were/are off the title (e.g., after sale, or foreclosure, or deed in lieu), you are still responsible for such HOA charges. If this is the case, then it could be the HOA suing you; of course, if your 13 is still open, they would have to first file a motion for relief of stay; you apparently didn't have a bankruptcy attorney file the 13 for you, correct?

    And so on. I could go on guessing all night. Please update your answer, or better yet speak to a local bankruptcy attorney without delay.

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  • My federal student loan was placed in default a month ago, but I haven't received notice yet. Can they take my 2012 tax refund?

    I found out that I was in default by checking my federal loan account online. When I contacted them, they said it was place with the default agency. I contacted the default agency in mid December. The woman told me that since they had switched...

    Mark’s Answer

    To answer your specific question in your comment to Attorney Doan's answer, the tax offset should be preceded by notice to you. If they give you notice once, then later they do not need to give you any additional notice. The specific rules are quite complicated, but if you act quickly after receiving notice, then you can request a repayment plan. Similarly, before certification of the tax offset, you still have the right to consolidate (if you have more than one loan), to select income-based repayment plans, or to rehabilitate your loan(s).

    In any case, you might want to think about lowering your income tax withholding, and force yourself to save a bit each paycheck, so that you don't have a refund in the future (or so that it'll be a very small one).

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  • How do I get a collection agency to stop calling?

    I had a Discover credit card many years ago. My husband and I filed Chapter 13 in June 2006 and this debt didn't show up on the 3 credit reports that the court pulled. The collection agency acquired this debt in 2005 but they are jjust now callin...

    Mark’s Answer

    One additional thought: In a chapter 13 case an unlisted debt is discharged IF, and only if, the creditor receives actual notice from some source in time to file a proof of claim.

    So it's possible (but not likely) that the creditor knew of the bankruptcy case way back in 2006 but decided it would stay quiet for 5 years until the case closed. What's the amount of the debt? What was the plan percentage (that is, what percentage of their claim would the creditor have received via the plan)? You can use that information to try to negotiate a small settlement amount (because they don't want to fight the nondischargeability in court (much more expensive for them than a standard debt collection lawsuit in state court)). Or if the amounts are large enough, then you might benefit from having a local attorney involved in this matter.

    P.S.: It was your duty to accurately and completely fill out your schedules; blaming infamously inaccurate credit reports holds no weight.

    Good luck.

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