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Kevin W. Chern

Kevin Chern’s Answers

106 total


  • Do you have to file bankruptcy in the county you live in?

    Bankruptcy

    Kevin’s Answer

    Bankruptcy cases are federal; there isn't a bankruptcy court in every county as there are in most state court systems. You can find the appropriate bankruptcy court for your location on the U.S. Courts website (through the link below)

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  • What can the credit card companies do if someone just quits paying them if it is an unsecured debt?

    none

    Kevin’s Answer

    There are multiple options, but often a credit card company will turn a bad debt over to a collection agency or debt buyer. In some instances, particularly if the balance is large, the credit card company itself my file a lawsuit. If it's turned over to a collection agent or debt buyer, a lawsuit is still a possibility. If any of these companies is successful in obtaining a judgment, then it will typically pursue wage garnishment, seizure of bank accounts, and possibly seizure of other assets to satisfy the judgment.

    Some wages and assets are exempt, so in some cases (where the person owing the debt owns no non-exempt property and earns below the garnishment threshhold) the companies aren't able to collect. However, they will often call the debtor back into court periodically to find out whether there are garnishable assets or income.

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  • 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???

    This was a one night stand and after the baby is 6 months old, she tells me that I might be the father but also say that she doesn't want child support from me. Now she sends this thru e-mail can she change her mind and get the support??

    Kevin’s Answer

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

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  • What would be a fair amount to ask for?

    I was to have a procedure at the hospital. The drs. office called in a prescription to keep me from having a reaction to medication. The pharmacy filled the prescription wrong. They gave me 10's the amount of medication needed. At the hospital...

    Kevin’s Answer

    The best source of advice on this issue is a local personal injury attorney. The value of a claim like yours depends on many factors, including things ranging from the degree of harm to the jurisdiction in which the case would have to be filed if the claim were to go to court. Most personal injury lawyers offer free initial consultations and work on a contingency basis (they are paid only a percentage of your settlement or award, and if you don't win your case they don't get paid), so you can get professional advice without cost or commitment.

    If you don't know a local personal injury lawyer, you may be able to find one through the link below.

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  • Can i get childs support with out x takeing my daughter

    i have a four year old daughter from my x but we split up when i was 8 months pregnant and my hubby gave her his last name i have letters from my x saying he dont want her had hopes she was a still birth my question is can i get him for child sup...

    Kevin’s Answer

    You can get information and assistance about pursuing child support through your state's child support enforcement agency (link below).

    While I can't respond to your specific situation (I'm not an Alabama attorney and in any case do not know enough about the specifics of your situation to make any kind of prediction as to what would happen in your case--it's not even clear from your post whether or not paternity has legally been established), I can tell you that it is very unusual for a court to grant custody to a parent who has not been consistently involved in a child's life.

    A local family law attorney could give you more specific information regarding the custody issue..

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  • My daughter was struck in the rear of her car on I-5 by a person going 95 mph. Is there cause for a suit?

    My concern is that it has been almost two years since the wreck (the time issue). Her car was demolished. She sustained injury to her left arm, bruises, but luckily is alive. (Because we don't have money for legal representation), we gave this to ...

    Kevin’s Answer

    It sounds like you started out with a misconception about the way personal injury cases typically work. Personal injury lawyers generally work on contingency, which means that they are paid a portion of the settlement or court award in a case, rather than billing by the hour or a flat fee up front. In most cases, there are no up front fees, and the attorney takes a fee only if you win or settle your case. Most personal injury lawyers offer free consultations, so if you are not currently represented by counsel, you can get the kind of advice you're looking for before deciding whether or not to hire the attorney.

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  • Is there any way to get this dropped to a midemeanor?

    Im 17 years old and was caught shoplifting from kohls a couple days ago in illinois. Well apparently it exceeded $150 so i was charged with a felony. I hunt so i really cant be a felon and im only 17. This is my first offense as an adult. Is there...

    Kevin’s Answer

    Most things are negotiable when working out a plea agreement, but the best source of a specific answer to your question would be a criminal defense lawyer in the jurisdiction in which you were arrested. A local attorney will be able to look at your history and the charges against you and give you a much better idea of what to expect from the prosecuting attorney and judge involved.

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  • I have run up $33,000 in credit card debt from gambling. Why do the credit card co allow you to take out cash for gambling?

    Gambling is very additive. The credit card companies should put a stop to any card holders taking out money at casinos. It should not be allowed. They don't allow the use of credit cards in online gambling any longer and that is a smart thing. I...

    Kevin’s Answer

    Yes, there's hope for you, but holding the credit card companies responsible is probably the wrong place to focus. First, if you haven't already done so, get help with your gambling problem. Finding a way to address this debt won't help you much in the long-term if you're going to be sucked back into running up additional debts.

    Then, consider your options for dealing with the existing debt, whether that be making payments over time, borrowing the money to pay off these debts from another source, or considering bankruptcy. I notice that you posted your question under "debt settlement", and I'd urge you to proceed with great caution if that's an alternative you are considering. Many debt settlement companies offer solutions that sound too good to be true because they are, and unfortunately many people don't discover that until they've paid out thousands of dollars in an effort to settle their debts.

    A local bankruptcy attorney would be a good source of information about your options and how bankruptcy might play out in your case, and many offer free consultations.

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  • If I accept the Ins. Co's settlement offer, can I still sue the registered owner or responsible driver for negligence?

    A woman crashes her husband's company owned car into my parked car at work, she jumps a curb, plows into my car & pushes it 4 ft over into the next parked car. Witnesses see her trying to flee the scene, When I arrive, I see her stumpling out of h...

    Kevin’s Answer

    I want to second Mr. Dane's warning. Insurance companies often give the impression that they want to be helpful and just can't do so until the injured party enters into an agreement so that they can make payment, but the truth is that the person negotiating for the insurance company has one job--to save the company money. Pushing the injury victim into a quick settlement without the benefit of counsel is a great way to minimize the pay-out, usually at the expense of the person who was injured and does not understand fully all of the rights and remedies that he is giving up by entering into that agreement.

    Most personal injury lawyers offer free initial consultations, so you have nothing to lose by sitting down with someone who practices personal injury law in your area and is familiar with not only the typical resolution for cases like yours in your area, but also the tactics commonly employed by certain insurance companies and their attorneys.

    If you don't know a personal injury attorney, you may be able to find one through the link below.

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  • I had an 80/20 and a foreclosure now the 2nd co is after me for 40k, how much more detrimental would a bankruptcy be?

    I had an 80/20 loan in the state of WA, I had a foreclosure but the 20 loan has turned me over to collections for 40k. How much worse will a Chapter 7 be for the future? Is it better to try and make payments for 10 years, they offered a settleme...

    Kevin’s Answer

    A local bankruptcy lawyer is the best source of insight on the specifics of your situation, and many offer free consultations. If you don't know a bankruptcy lawyer, you may be able to locate one through the link below.

    Generally, although bankruptcy may remain on a person's credit report for up to ten years, the impact diminishes over time, particularly as new, positive entries appear on the credit report. Many people are able to get back on financial track more quickly after bankruptcy, because of the combined elimination of many outstanding debts and the fact that accounts discharged in bankruptcy can no longer be reported as delinquent.

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