Kevin W. Chern’s Answers

Kevin W. Chern

Chicago Bankruptcy Attorney.

Contributor Level 11
  1. What can I do to get ex-boyfriend to pay me back the money he owes me, debt collection procedure in HI

    Answered over 6 years ago.

    1. Kevin W. Chern
    2. Ama N. Appiah
    3. Gabriel Cheong
    4. Robert S. Windholz
    4 lawyer answers

    In fact, even taking legal action is no guarantee that you will "get your money quickly". You may be able to get a judgment in small claims court pretty quickly, but does your ex have assets from which to satifsy the judgment? Does he have sufficient wages that a garnishment order would cover the monthly payments you need to make? If you enter into a payment agreement on a judgment, he might still miss payments, and although you would have some additional recourse, it wouldn't guarantee...

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    5 people marked this answer as helpful

  2. If I'm not read my Miranda rights when arrested, can the case be dropped?

    Answered almost 6 years ago.

    1. Kevin W. Chern
    2. Howard Woodley Bailey
    2 lawyer answers

    There is a lot of confusion about Miranda warnings and the role they play in an arrest. Generally, law enforcement officers are required to read a person in custody the Miranda warnings before questioning him. If they fail to do so and there is no relevant exception to the requirement, then any evidence gathered during the questioning may generally be suppressed (kept out of court). That generally doesn't mean that charges have to be dropped, only that evidence collected illegally can't be...

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  3. I cosigned on a car loan for my ex-boyfriend how can I be removed from the loan

    Answered over 6 years ago.

    1. Ronald Lee Burdge
    2. Kevin W. Chern
    3. Dale G. Larrimore
    3 lawyer answers

    This question arises often, which goes to show how much more people really need to understand about co-signing before they sign on the dotted line. It's a legal commitment to the finance company, just as if you'd taken out the loan yourself. You have recourse against your ex-boyfriend, but unless the finance company voluntarily agrees to remove your name from the loan (and why would it, since the very reason they asked for a co-signer was so that they've have someone more reliable to collect...

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    4 people marked this answer as helpful

  4. What if the baby mom send a e-mail saying she doesn't want child support from the father, can she still get the child support???

    Answered almost 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Child support generally cannot be waived. The right to support from both parents belongs to the child, not to the custodial parent.

    2 people marked this answer as helpful

  5. If only one spouse files for bankruptcy is the spouse that didn't file responsible for the debt

    Answered over 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Generally, when two parties are obligated on a debt and one of them receives a bankruptcy discharge, the other party remains liable for the debt. However, there is a phenomenon that occurs in community property states whereby the debt, although theoretically still valid as against the other spouse, is uncollectable as a practical matter so long as both spouses are alive and remain married. This occurs because any assets from which the other spouse might be able to make payment of the debt are...

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  6. My boyfriend violated probation by getting a second DWI do you think he will be reinstated and have to serve in jail

    Answered over 6 years ago.

    1. Kevin W. Chern
    2. Juan Francisco Dotson
    3. Tracey Beryl Gallagher
    4. Anthony D. Cotton
    4 lawyer answers

    You should definitely be talking to a local criminal defense attorney as soon as possible. Probation violations generally do not require the same level of proof that is necessary to secure a criminal conviction, and second offense DUIs generally carry heavier penalties than first offenses, so you have two separate issues to contend with, either of which could have serious consequences. </br>It's not clear whether you mean that your boyfriend wasn't given a breathalyzer test or wasn't...

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    3 people marked this answer as helpful

  7. Can I collect damages from a wrongful death lawsuit if the defendant is not insured?

    Answered about 6 years ago.

    1. Kevin W. Chern
    2. Jonathan H Levy
    3. L. Maxwell Taylor
    4. Alan James Brinkmeier
    4 lawyer answers

    As the previous response points out, the ability to collect damages hinges on whether or not there are assets to collect from. Where there is insurance, to that question is clear...at least to the extent of coverage. Where there is no insurance, more analysis is required to determine whether or not there are assets that would be subject to collection. Because each state offers various exemptions to protect certain property and has different rules about how jointly held property is treated...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  8. Am I still responsible for my 3 mortgages if the bank forecloses, can I discharge this in bankruptcy

    Answered over 6 years ago.

    1. Kevin W. Chern
    2. Piotr Gabriel Reysner
    3. Gabriel Cheong
    3 lawyer answers

    I would echo the idea that a short sale is ideal, but would be difficult to negotiate with so many lenders involved. Given the current state of the housing market, it's unlikely that there would be money left to negotiate with the second and third lenders. That said, I want to qualify Piotr's suggestion that bankruptcy will "destroy your credit". While a bankruptcy certainly is a negative on your credit report, if you have a home in foreclosure with three mortgages, some or all of which will...

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    2 people marked this answer as helpful

  9. Overwhelming Credit card debt and I'm disabled and my husband lost his job. What do we do?

    Answered over 6 years ago.

    1. Kevin W. Chern
    2. Gabriel Cheong
    2 lawyer answers

    Like anyone in difficult circumstances, you have to prioritize. Ask yourself whether struggling to pay your credit cards while you "can't even buy groceries" is the right priority. If, as you say, neither Chapter 7 bankruptcy nor Chapter 13 bankruptcy is an option, and you don't have adequate income or assets to negotiate settlements or payment plans with your creditors, then focus your efforts (and your limited funds) where they're most needed: for most people that means keeping a roof...

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  10. Debt collection lawsuit, do we need to hire an attorney

    Answered over 6 years ago.

    1. Kevin W. Chern
    2. Kevin Lee Linder
    3. Henry Repay
    3 lawyer answers

    There is a lot of information missing here, but based on what you've said it would be in your best interests to consult with an attorney. You didn't mention an amount, so I don't know whether the case is in small claims court or in the regular circuit court; procedures are somewhat relaxed in small claims court, but if the case isn't in small claims court and you proceed without an attorney, you will be expected to be familiar with all of the procedures, deadlines, filing formats and...