Kevin W. Chern’s Answers

Kevin W. Chern

Chicago Bankruptcy Attorney.

Contributor Level 11
  1. Being sued by 3rd party collection agency

    Answered about 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Although a creditor may garnish wages or property to satisfy a judgment, Illinois law places limits on that ability. For instance, a wage deduction cannot exceed the LESSER of 15% of your gross pay or 45 times the Illinois minimum wage (currently $7.75/hour, or just under $350/week). Any income below that threshhold is protected. Likewise, exemptions protect certain other property, including a $4,000 "wild card" exemption that can be used to protect cash or other property that doesn't fall...

  2. Collector refuses to settle debt, is bankruptcy my only option?

    Answered almost 6 years ago.

    1. Marcus Gregory Tiggs
    2. Kevin W. Chern
    2 lawyer answers

    Before you make a decision about how to proceed, you should learn more about the wage garnishment laws in your state. I am not licensed to practice law in your state, but I can tell you that federal law limits garnishment in most cases to 25%--the exceptions are for things like child support. Thus, if 25% is the maximum allowable and it's already being deducted, a second order could not increase the amount of the deduction, only the duration of the deductions. Many states also have a...

    3 people marked this answer as helpful

  3. Wife needing advice. On things to do before going and filing for divorce, he isn't going to file and I can't afford it. I can't

    Answered almost 6 years ago.

    1. Kevin W. Chern
    2. Alan Roel Rothstein
    3. Avvo Staff Moderator
    3 lawyer answers

    You really should talk to a local divorce attorney. Some offer free initial consultations or a flat rate for the first visit. There are simply too many factors in play for someone online to provide the information you need. A local lawyer will not only be familiar with MO divorce law, but will be familiar with your local courts and know the factors your local judges usually prioritize in making determinations about things like custody and possession of the marital residence. He or she will...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Co-signer rights under FL law and procedure to take name off of loan ex girlfriend refuses to refinance car in her name only

    Answered almost 6 years ago.

    1. Dennis Andrew Chen
    2. Guy Piers Coburn
    3. Kevin W. Chern
    3 lawyer answers

    "Refinance" isn't really the appropriate term here, since one can't refinance what one doesn't own. Your ex-girlfriend would have to obtain financing to (technically) purchase the car from you, since it's in your name only. That may, as some above have mentioned, be difficult to achieve if the loan balance is higher than the value of the car (which is very common). It's possible that she is unable to obtain financing that would pay off the loan balance. <p>You don't mention whether your...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Do you have to file bankruptcy in the county you live in?

    Answered over 5 years ago.

    1. Kevin W. Chern
    2. Lesley Abigail Hoenig
    3. Jeffrey Daniel Larkin
    3 lawyer answers

    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)

    2 people marked this answer as helpful

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

    Answered over 5 years ago.

    1. Joseph Briscoe Dane
    2. Kevin W. Chern
    3. Lars A. Lundeen
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  7. My husband and I are getting a divorce and he wants visitation rights for our cat. I don't want him in the house at all.

    Answered over 5 years ago.

    1. Kevin W. Chern
    2. Laura Mcfarland-Taylor
    3. Alan James Brinkmeier
    3 lawyer answers

    Surprisingly enough, pet visitation has become an increasingly popular issue over the past few years. A 1981 Texas case (Arrington v. Arrington) was among the first to grant visitation rights with a pet under terms similar to child visitation. In 2007, Wisconsin became the first state to introduce legislation authorizing judges to determine custody and visitation with regard to family pets, and Michigan followed suit in 2008. I am not a Maryland lawyer and am not familiar with the state of...

    1 lawyer agreed with this answer

  8. Would going thru a debt consolidation company hurt your credit? We are trying to avoid bankruptcy.

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Unfortunately, a lot of people who tried to avoid bankruptcy by taking an offer that sounds too good to be true discover that it was--and many ultimately end up in bankruptcy, anyway, after throwing a lot of good money at the problem. While there may be legitimate agencies that can help you negotiate lower payments and/or interest rates, there are a lot of companies out there making inaccurate representations about what they can accomplish. If you should decide to explore that route, please...

    1 lawyer agreed with this answer

  9. How do I go about getting divorced from a spouse who refuses to divorce me?

    Answered over 5 years ago.

    1. Kevin W. Chern
    2 lawyer answers

    I'm sorry, the link did not come through in the original answer. It is included below.

    1 lawyer agreed with this answer

  10. How do I go about getting divorced from a spouse who refuses to divorce me?

    Answered over 5 years ago.

    1. Kevin W. Chern
    2 lawyer answers

    The Florida Coalition Against Domestic Violence has excellent resources on their its website (link below). You can even get information from an attorney at no cost by calling 1-800-500-1119, ext. 3 between 8 a.m. and 4 p.m.

    1 lawyer agreed with this answer