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Mark David Nusz

Mark David Nusz

One-on-one bankruptcy and IRS advice for individuals and small business owners
  • Bankruptcy, Estate Planning, Tax Law...
  • Washington
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Summary

Attorney Mark D. Nusz works hard to solve your toughest problems - the ones that won't let you get to sleep. He strives to set the foundation for clients to prepare for a secure and successful future while clearing away the problems from the past. Whether it is reduction of debt, major tax issues with the IRS or the state Department of Revenue, or structuring an estate plan, he will sit down with you one-on-one and help you figure a way to achieve a positive outcome.

A graduate of the University of Washington's Tax Law LL.M program, he has extensively studied the law as it relates to business, tax, debt management, and bankruptcy. His business and legal training and experiences cover many years and are supplemental to a career as a business executive in contract management and finance. As a business executive, he's worked with various Fortune 500 clients from Florida to Washington, and Boston to Los Angeles to improve their businesses.

Practice Areas
  • Bankruptcy
  • Estate Planning
  • Tax Law
  • Business Law
  • Probate
  • Elder Law
Fees
  • Free Consultation
    I enjoy meeting with folks in the community, and will generally devote 15 to 30 minutes to prospective clients that would benefit from the discussion. This is typically done in one of my offices, by appointment. However, I sometimes will provide a brief consultation over the phone if it is absolutely necessary.
  • Rates, Retainers and Additional Information
    I prefer to work under a fixed fee arrangement when possible.
Jurisdictions Admitted to Practice
Washington
Languages
  • English: Spoken, Written
Professional Experience
Principal Attorney
Westward LAW pllc
Current
Education
University of Washington School of Law
LL.M. (2017) | Taxation, Estate Planning
Sandra Day O'Connor College of Law, Arizona State University
J.D. (2015) | LAW
Activities: Law, Science, and Technology Certificate
University of Colorado - Denver
MBA (2006) | Entrepreneurial Business
University of Colorado - Boulder
B.S. (1998) | Business Finance
Honors: Cum Laude
Awards
Bravo
IBM
Golden Circle
IBM
NextGen Leadership
IBM
Professional Associations
Skagit Country Bar Association
Member
Current
Snohomish County Bar Association
Member
Current
American Bankruptcy Institute
Member
Current
Federal Bar, Western Washington District
Member
Current
National Association of Consumer Bankruptcy Attorneys
Member
- Current
U.S. Tax Court
Member of the bar
- Current
Certifications
Law, Science, and Technology
Sandra Day O'Connor College of Law, Arizona State University
Websites & Blogs
Website
Westward LAW, PLLC
Legal Answers
7 Questions Answered

Q. My stepfather owns his home, but the electric bill is in my mother's name, she also pays the electric bill, and has been
A: No. If she's there and has utilities in her name then she probably had a right to be there at some point. She would have to be removed with proper notice and due process. Additionally, if your mother has any ownership rights to the house, it is unlikely that she could be removed at all (i.e. if they were or are married). Just because only one spouse has their name on the deed to the home, the other spouse may still be considered to own an interest in the property under Washington community property law. Lots of factors to consider here.
Q. Can a consulting firm employ a consultant as Exempt and hourly, paying them an hourly rate based on billed hours?
A: If you are an exempt employee, that means that your employer does not have to pay you overtime rates (i.e. time and a half for weekly hours over 40) or the minimum wage. In order to classify you as an exempt employee, there is a three-part test that must be passed. One of these tests is that you must be on a salary that pays you more than a specified amount per week. Another of these tests requires a determination of the type of work you are doing. If it is a "white collar" type of work, then this will generally allow the position to be an exempt one. If you are exempt, you should generally be receiving a salary (i.e. - paid the same amount each week regardless of how much you work). Many employers prefer the salary, since they may be able to get more work out of the employee without having to pay them any more. The payroll is also a little easier to manage and forecast. This area of employment law is full of complexities. You should seek the counsel of an employment law attorney to get a definite answer that is based on your unique situation.
Q. "Charged-Off" real estate debt--What are my options? In 2013, my home was foreclosed with a 1st & 2nd mortgage.
A: Many people in you situation in 2013 would have filed for bankruptcy so that the 2nd mortgage would have been completely removed / discharged. Then the creditor would not have any recourse to you personally for the deficiency. The charge off only means that the creditor has "written-off" the amount owed as "bad debt," likely so they could get a tax deduction for the loss. This does not mean, however, that you still don't owe the money. The right to collect the past due amount still has value. It is common for the creditor to either assign or sell the contract / paper to a collection agency and then that company will start trying to collect. There is a statute of limitation, but there are ways that the time clock can be "put on hold." It is common for it to take many more than 6 years for the debt to completely fall away solely because of aging. The impact to you, at this point, is that this is hurting your credit and making it much harder to get approved for a new home loan. However, if you are able to get a new home and a mortgage on it - the old 2nd mortgage will not automatically attach to your new house. The creditor (or their agent) would have to file a collection lawsuit and get a judgment against you. Then, the judgment would attach to any real property that you owned.
Q. What happens if a person who files for bankruptcy wins the lottery? Can he keep the money?
A: The lottery winnings should be yours, as long as they are won after your discharge. If you've just filed a Chapter 13, the discharge could be 5 years away. If the lottery win happened during the course of the Ch. 13, then the winnings would likely require that your chapter 13 plan be modified to a full pay. Of course, any assets (or rights / interests in assets) that you have before you file will almost certainly come into the bankruptcy and be available to pay your creditors (if not exempt).
Q. After given a 3 day to pay or vacate notice, how long do I actually have to vacate?
A: It generally takes several weeks before the sheriff will come and actually evict / put you stuff out on the curb. The answer to your question is: it depends on several factors, one of which is which city / county you live in. While the laws that pertain to tenant evictions are set out in Washington state law, a few municipalities have made it even harder for landlords to actually evict a tenant for non payment of rent. If the tenant fights the eviction, then it takes even longer. A word of warning to tenants that do not get out within the time frame allowed in the Notice to Vacate, and thereby force the landlord to file an eviction / unlawful detainer action in court - this will go on your record and you will then have a real hard time finding a place to rent in the future. Once this case is filed, it generally will not be removed from your record. Therefore, if you wait until you get served with an actual lawsuit, it may be too late. The eviction is already out there in the public records for all to see.
Q. If you file for chapter 7 bankruptcy, during the process, can you purchase the note on the home that you bankrupted?
A: Yes, you could redeem the house. As the previous attorney mentioned, you would attract scrutiny if this was a large transaction and you'd need to make sure the source of money was legitimate, and outside of the reach of the trustee if you did not do the redemption.
Q. What assets will I be able to keep if I file for bankruptcy?
A: Many debtors in Chapter 7 get to keep all of their assets. As long as they can afford to keep them, debtors in Chapter 13 usually get to keep all of their assets. What you can keep in Chapter 7 all depends on what you have and the exemption laws that you can use to protect your assets. Some folks can only use their state's exemption laws - others get to choose either the Federal or the their state's exemption laws. Finally, some states have limited the exemptions available to only those available under Federal law. Which set of exemptions you may use depends on which state you reside in - and which state you have lived in for a period of time to qualify you for usage of that state's laws pertaining to exemptions. You should see a bankruptcy attorney to determine what you can keep and which set of exemption laws you will be able to use.
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Contact & Map
Snohomish County location
2918 Colby Avenue
Ste. 207
Everett, WA 98201
USA
Telephone: (425) 412-4314
Skagit County location
404 S. 1st Street
Ste. 200A
Mount Vernon, WA 98273
USA
Telephone: (360) 899-5468
Remote location
Oak Harbor, WA, USA
Telephone: (360) 899-5468