(Topic ID: 108377)

The Official Pinside Kevin Kulek Skit-B Predator Discussion


By Xerico

4 years ago



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  • Latest reply 33 days ago by Cobra99
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86 key posts have been marked in this topic, showing the first 20 (Show topic index)

There are 18269 posts in this topic. You are on page 319 of 366.
#15901 1 year ago

Good news indeed. Now, what happened to the written response mama Kulek was supposed to submit regarding the RV, etc?

15
#15902 1 year ago

after lawyer fees, we each might get to buy a large pizza with a few toppings for our $5k.

#15903 1 year ago

So where are they getting the $30k from without selling the house? Supposedly they are broke with no other assets.

#15904 1 year ago
Quoted from snakesnsparklers:

So where are they getting the $30k from without selling the house? Supposedly they are broke with no other assets.

Yeah.. I mean, couldn't this just be 30k from a different mattress full of predator funds?

#15905 1 year ago

It's all there in the document guys....

6. Defendant has offered, pursuant to the attached stipulation and proposed
order, to:
a. Provide to the Trustee, a commitment lender to loan the $30,000.00 on or
before July 9, 2017;
b. Provide the settlement of $30,000.00 to the Estate within thirty days of
receiving a commitment letter;
Stipulate to the entry of a Judgment against Defendant in the amount of
$30,000.00, which represents a partial resolution of the instant adversary
proceeding, which may be entered should Defendant not obtain the
requisite commitment to lend, or be able to provide the funds within thirty
days of receiving the commitment to lend.

14
#15906 1 year ago
Quoted from dgoett:

after lawyer fees, we each might get to buy a large pizza with a few toppings for our $5k

Which is more than you would have received had no legal action been taken. Also, the Kulek theives would have gotten off scott-free. Would that have been better?

#15907 1 year ago

Sorry, don't read legalize.. 'commitment lender' is what.. like a second mortgage or heloc on the home or something?

#15908 1 year ago

I wonder if the court follows anything after an agreement is reached. If she goes to a bank and says her house is worth $35K and she wants to use it as collateral for a $30K loan she might get them to say yes. Thinking it is like %16 down and if they default they make $5K.

But is there tracking of the loan payments and where the money is coming from. Like sd_tom says about the mattress, if each month she goes into the back yard and digs up a coffee can to make the payment is anyone account for the money these people spend for a certain amount of years?

#15909 1 year ago
Quoted from dgoett:

after lawyer fees, we each might get to buy a large pizza with a few toppings for our $5k.

I bet that pizza would taste great.....
What if she cant qualify for a 30k loan?

#15910 1 year ago

I would bet that Defendant Amanda Kulek already has a line on the $30K. People don't usually enter settlements unless they know they can meet the terms.

#15911 1 year ago
Quoted from sd_tom:

Sorry, don't read legalize.. 'commitment lender' is what.. like a second mortgage or heloc on the home or something?

The reference to a "commitment lender" in paragraph 6(a) was a typo. The correct term is "commitment letter" [see paragraph 6(b)].

A loan commitment letter is a letter provided by a mortgage lender that indicates a borrower has passed their underwriting guidelines and that they are willing to offer the borrower a home loan. A loan commitment letter is an indication that the buyer's home loan has been approved.

http://www.findwell.com/real-estate-dictionary/definition/loan-commitment-letter/

#15912 1 year ago
Quoted from Taxman:

I wonder if the court follows anything after an agreement is reached. If she goes to a bank and says her house is worth $35K and she wants to use it as collateral for a $30K loan she might get them to say yes. Thinking it is like %16 down and if they default they make $5K.
But is there tracking of the loan payments and where the money is coming from. Like sd_tom says about the mattress, if each month she goes into the back yard and digs up a coffee can to make the payment is anyone account for the money these people spend for a certain amount of years?

The Underground eCONomy is a wonderful thing.

#15913 1 year ago
Quoted from c508:

I would bet that Defendant Amanda Kulek already has a line on the $30K. People don't usually enter settlements unless they know they can meet the terms.

People? Yes. The Kuleks... well that's a different story.

#15914 1 year ago
Quoted from cosmokramer:

I bet that pizza would taste great.....

Beat me to it. I was thinking that would be the best pizza ever. I got a cookie that I cleared and hung up on my wall one time. Still have it. Funniest part is about 2 years later a woman came in the shop and knew exactly what it was.

IMG_3048 (resized).JPG

#15915 1 year ago

Amanda mentioned previously she would take out a mortgage on her home if necessary, so I'm guessing this is the fruition of that.

All this means for them is that they are having to rightfully pay for their house instead of paying for it with predator money, which is what should have happened years ago.

If someone doesn't want their free pizza, I'll eat it and post pictures of me enjoying it.

#15916 1 year ago
Quoted from Wolfmarsh:

Amanda mentioned previously she would take out a mortgage on her home if necessary, so I'm guessing this is the fruition of that.
All this means for them is that they are having to rightfully pay for their house instead of paying for it with predator money, which is what should have happened years ago.
If someone doesn't want their free pizza, I'll eat it and post pictures of me enjoying it.

will be the BEST damn pie I ever ate!

#15917 1 year ago

Have it delivered to a picnic bench outside the prison.

#15918 1 year ago

Wasn't it thought the house was worth over 50k?

This only resolves claims on the home, it does not resolve all claims of the debtors nor release the spouse or end the bankruptcy proceeding correct? (I have not been able to review the document).

#15919 1 year ago
Quoted from TigerLaw:

Wasn't it thought the house was worth over 50k?
This only resolves claims on the home, it does not resolve all claims of the debtors nor release the spouse or end the bankruptcy proceeding correct? (I have not been able to review the document).

This is just for the house portion of things.

#15920 1 year ago

I'll still be a little surprised if Amanda actually comes up with the funds. Seems like the court ordered (and Kevin agreed) to settle with me when I took him to court. Yet still, here we are.
I'm hopeful she'll come through!

#15921 1 year ago
Quoted from TigerLaw:

Wasn't it thought the house was worth over 50k?
This only resolves claims on the home, it does not resolve all claims of the debtors nor release the spouse or end the bankruptcy proceeding correct? (I have not been able to review the document).

The text from the stip offers a pretty good summary of the deal...

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES THAT:

a. Defendant, Amanda Kulek, shall pay to the Estate, the sum of Thirty Thousand ($30,000.00) Dollars, representing the compromised claim of the Estate in the real property located at 1301 East Pine River Road, Midland, Michigan.

b. Defendant, Amanda Kulek, shall have thirty (30) days (July 9, 2017) to provide to Counsel for Trustee, a commitment from a lender to loan the Thirty Thousand ($30,000.00) Dollars to Defendant, either by way of a mortgage, a secured loan on other security, a personal loan, line of credit, or other lending mechanism.

c. That upon payment of the Thirty Thousand ($30,000.00) Dollars, pursuant to the terms above, that Plaintiff/Trustee will file and record a release of the notice of lis pendens and a release of the prior recorded order prohibiting transfer of the property.

d. Defendant shall have thirty (30) days from the commitment to loan letter to close said loan and remit the funds to the Plaintiff/Trustee.

e. That should Defendant fail to provide the aforementioned commitment to lend within thirty (30) days (July 9, 2017), or fail to remit the Thirty Thousand ($30,000.00) Dollars to Plaintiff/Trustee, that Plaintiff/Trustee shall have and be entitled to a money judgment against Defendant for Thirty Thousand ($30,000.00) Dollars, and that this Order shall be treated as a money judgment for Thirty Thousand ($30,000.00) Dollars.

f. That this compromise does not resolve the Plaintiff/Trustee’s Claims for $18,501.00 transferred to Defendant which is part and parcel of Plaintiff’s Adversary Complaint in this matter.

g. That this consent order is not a final order and does not resolve all pending claims in this adversary proceeding.

16-02073-dob Doc 72-1 Filed 06/19/17 Entered 06/19/17 14:58:29

#15922 1 year ago

Not really "free" pizzas, just a pizza refund right?

Still seems crazy you can fraudulently buy a house and end up keeping possession of it - even if she IS paying for it in the end

#15923 1 year ago

Even if the house is worth $50,000 will a lender give you a HELOC for $30,000 on that house if you have no source of income?

#15924 1 year ago
Quoted from captainadam_21:

Even if the house is worth $50,000 will a lender give you a HELOC for $30,000 on that house if you have no source of income?

What? She owns her own photography business.... I'd be really surprised if she couldn't secure a $30K loan.

#15925 1 year ago
Quoted from Mbecker:

Still seems crazy you can fraudulently buy a house and end up keeping possession of it - even if she IS paying for it in the end

I agree with this. Does not seem fair at all to me. She, in effect, got an interest free loan from the prepayers (involuntary lenders, in this situation in a weird way) and the prepayers get nothing while she keeps her property she bought...the punishment doesn't match their bad faith actions in my personal view.

#15926 1 year ago
Quoted from Razorbak86:

e. That should Defendant fail to provide the aforementioned commitment to lend within thirty (30) days (July 9, 2017), or fail to remit the Thirty Thousand ($30,000.00) Dollars to Plaintiff/Trustee, that Plaintiff/Trustee shall have and be entitled to a money judgment against Defendant for Thirty Thousand ($30,000.00) Dollars, and that this Order shall be treated as a money judgment for Thirty Thousand ($30,000.00) Dollars.

Pay the $30,000 or else get a judgment against for $30,000. Where's the incentive to pay up front?

#15927 1 year ago
Quoted from Jvspin:

Pay the $30,000 or else get a judgment against for $30,000. Where's the incentive to pay up front?

.. To keep it off your credit record, I would imagine.

18
#15928 1 year ago

This is just the Amanda part of the settlement so everyone relax. Once they get to Kevin you may have 1 breadstick with your pizza.

Per Michigan law you of course will be served a side of ranch.

#15929 1 year ago
Quoted from c508:

Big news in the Kulek case! See below for proposed (partial) settlement!

So... refunds are happening?

#15930 1 year ago
Quoted from dgoett:

after lawyer fees, we each might get to buy a large pizza with a few toppings for our $5k.

And inflation, lol.

#15931 1 year ago
Quoted from TheLaw:

This is just the Amanda part of the settlement so everyone relax. Once they get to Kevin you may have 1 breadstick with your pizza.
Per Michigan law you of course will be served a side of ranch.

If you haven't had a drunk night where you dunk an entire slice of pizza in ranch, you haven't lived

#15932 1 year ago

Yup I've done that once

Edit:... A month for years

#15933 1 year ago
Quoted from Enaud:

I'll still be a little surprised if Amanda actually comes up with the funds. Seems like the court ordered (and Kevin agreed) to settle with me when I took him to court. Yet still, here we are.
I'm hopeful she'll come through!

I thought Kevin was just a no-show and default judgement in your case? Alas unlike a pure civil matter, this court flexed a bit more and I bet amanda took note when the marshalls made Kevin appear.

#15934 1 year ago
Quoted from flynnibus:

I thought Kevin was just a no-show and default judgement in your case? Alas unlike a pure civil matter, this court flexed a bit more and I bet amanda took note when the marshalls made Kevin appear.

I took him to small claims court and won. He just won't pay up.

#15935 1 year ago

Must be a pretty crappy home to be worth less than most SUVs are these days.

#15936 1 year ago
Quoted from lancestorm:

Must be a pretty crappy home to be worth less than most SUVs are these days.

Lots of depressed areas in Michigan, doesn't surprise me in the least.

I agree with the interest free angle of what transpired, there should be interest penalties.

#15937 1 year ago
Quoted from lancestorm:

Must be a pretty crappy home to be worth less than most SUVs are these days.

It's not that bad other than the baseme...er production facility floods every time it rains

#15938 1 year ago
Quoted from Enaud:

I took him to small claims court and won. He just won't pay up.

Most states allow a time period of 5-20 years for you to collect. You can also file to have the time extended. Wages can be garnished up to 25% but the chances of the pirate being gainfully employed seem slim. As a matter of principle please fight on. In my opinion persons like this deserve all the misery that comes with their foolish /"fraudulent" actions.
Karma's a bitch and revenge is always a dish that's best served cold.

#15939 1 year ago
Quoted from Enaud:

I took him to small claims court and won. He just won't pay up.

I know that.. I was referring to your comment where you said "Kevin agreed" - I didn't think he showed in your case.

#15940 1 year ago
Quoted from TheLaw:

This is just the Amanda part of the settlement so everyone relax. Once they get to Kevin you may have 1 breadstick with your pizza.
Per Michigan law you of course will be served a side of ranch.

What if you want marinara?

#15941 1 year ago
Quoted from vdojaq:

What if you want marinara?

Whoa look out everyone Diamond Jim Brady is here for his marinara! No sir, NO.
You may have also have pizza sauce, but you are required to take the ranch unirregardless.

#15942 1 year ago

Bet they don't even get a loan, they just pay cash from the tin buried in the backyard

#15943 1 year ago

Didn't they say the house is on some sort of flood plain? Assuming that's accurate, not sure how eager any bank or financial institution will be to advance funds on this type of project...especially when her source of income can be variable and fluctuate from month to month...

Anyhow, this is certainly an excellent step in the right direction, well done Keith and everyone who took action to go after this guy...

17
#15944 1 year ago

BIG doc and BIGGER news today folks… looks like we’re gonna need a “nuclear bomb” GIF this time (or at the very least another “popcorn” one)!

Since it’s going to take a while for people to work through this (81 pages) here is my synopsis
DEFENDANT MALETICH/VIRTUAPIN ANSWER TO COMPLAINT, AFFIRMATIVE DEFENSES, & COUNTERCLAIM

I: Denies basically everything keithinmi alleges in court filings

II: MALETICH/VIRTUAPIN ’s version of events

III: keithinmi is evil. Our business is suffering due to Pinside’s awareness of legal proceedings against us. We’re suing keithinmi for libel (even though keithinmi HASN’T actually written about us on Pinside) because people have been reading publicly available court documents

I recommend starting on page 10.

Maletich Answer Afffirmative Defense Counterclaim.pdf

#15945 1 year ago

Shit just... (resized).png... got real (resized).png

11
#15946 1 year ago

Ok, here are my thoughts re: MALETICH/VIRTUAPIN's counterclaims (or, as I call them "laughable attempts to intimidate keithinmi").

keithinmi offered to discuss the legal issues surrounding #Predator fiasco with any interested Pinsiders.

This offer of a free initial consultation is identical to the types of offers of free initial consultation made by pretty much every other attorney/firm in existence.

Believe it or not, attorneys and firms DO in fact want clients. They DO in fact solicit clients in person and via a variety of general or targeted methods of electronic communication (internet, radio, tv, etc.). In other news, water is wet.

keithinmi also provided links to the Michigan Consumer Protection Division of the
Attorney General's Office which could (theoretically) also represent a class of people defrauded by Debtor Kulek (but probably has bigger fish to fry).

keithinmi has publicly thanked Pinsiders who submitted documents, links, contact info for prior LEO investigations, and other leads that have allowed him to build a case against Debtor Kulek (and other parties).

There are "rules of professional conduct" for attorneys regarding soliciting clients, but I don’t see any problems here.

#15947 1 year ago

MALETICH/VIRTUAPIN says: I have been deposed and made statements which contradict keithinmi’s theory of the case and allegations.

I, c508, personally believe that MALETICH/VIRTUAPIN’s deposition statements are similar to their affirmative defense, BUT it is up to the Court to decide what actually happened (in terms of “fraudulent transfer” etc.) after both sides present their best evidence.

It would be unprofessional and irresponsible (and potentially malpractice) for keithinmi to take what anyone (including his own client(s)) says at a deposition at face value. The goal of a deposition is to get people “on the record.”

After the deposition, you do additional research and then follow up by asking for an explanation of subsequently uncovered information (documents, other party’s or witnesses’ statements, etc.) that contradict the testimony from the deposition.

18
#15948 1 year ago

Well, I guess if they thought business was turning south because of their previous position,
I doubt this action will sit will with the community.

Im sure they have a tale to tell, but suing Keith?.....

#15949 1 year ago

MALETICH/VIRTUAPIN says: I have suffered as a result of allegations which I will have an opportunity to prove are incorrect in court. People are aware of these allegations because they are following the case and reading the publicly available court documents.

To me, c508, this boils down to: “Evil keithinmi appropriately referred people with questions to publicly available court records instead of unprofessionally commenting directly on ongoing litigation.

Publicly accessible court records are not “unprivileged communications to a third party.” If there are justifiable concerns for someone’s safety (e.g. confidential informant) or privacy (e.g. a minor) or national security implications, etc. court records can be “sealed” (yes, even in bankruptcy proceedings).

Neither Defendant Maletich nor Debtor Kulek (or any other party) has made an attempt to seal any of the court records in these proceedings.

When clients wanted to discuss the specific details of the case with keithinmi he said things like “Remember, if you're my Client you are always welcome to call me anytime you'd like an update.”

I don’t see any actual discussion of the specific details of case itself “with third parties” by keithinmi on Pinside.

There are some general comments like “you should get a copy of the initial §341 meeting of creditors, at which I conducted 25 minutes or so of questioning of Kevin. You would be *astounded* at his answers” but no real detail beyond the recurring theme that non-clients have to make do with “publicly available court records.”

Statements like “I would suggest you review docket item #34 in the file to see what the Court decided to do” are not equivalent to keithinmi providing a public play-by-play narrative of events.

Per my “ctrl-f” of Exhibits 1 & 2: Not once has keithinmi referred to MALETICH in a Pinside post. keithinmi’s SINGLE reference to VIRTUAPIN in Exhibits 1 & 2 is as follows:

“Can someone provide me with a link to the post(s) by VirtuaPin about the licensing status of the Predator pinball machine. I'm not interested in what SkitB posted, but rather what ViruaPin was writing in the groups. Thanks”

#15950 1 year ago
Quoted from OLDPINGUY:

Well, I guess if they thought business was turning south because of their previous position,
I doubt this action will sit will with the community.
Im sure they have a tale to tell, but suing Keith?.....

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