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Kevin W. Chern

Kevin Chern’s Answers

106 total


  • I owe a hospital $3600, If I pay them a reasonable amount each month can they turn me over to a collection agency ?

    After ins. I owe 3600 the hospital offered me 3 options of payment The 3rd option they say if I pay for 6 to7 months and there is still a balance I would be turned over to collections

    Kevin’s Answer

    Generally, a creditor is under no obligation to work with you or accept payments. The primary exception would be where the original contract or other agreement allowed for payment over time. That means that in most cases, a creditor can send an account to collections at any point after it becomes past due, regardless of partial payment. For many people, however, the turnover of a debt to a collection agency makes little difference. The collection account may be reported to the credit bureaus, which is a negative, but in terms of actual collection action the difference is often insignificant--collection agencies can and regularly do accept monthly payments just as the original creditor could.

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  • Filing bankruptcy after trying to reduce credit card debt through agencies

    My partner and I have a lot of credit card debt. I started a business two years ago, first year great, bad economy now not so great. Then I got ill and had surgery which didn't allow me to work for awhile. We have had to live off credit cards and...

    Kevin’s Answer

    I'm sorry to hear about your debt management/debt settlement company experiences. Unfortunately, many people who make an honest effort through those programs find themselves filing for bankruptcy anyway, after having invested thousands of dollars.

    The answer to your question depends, among other things, on the equity in your home and your state's homestead exemption. You also reference a "partner" that you own property with--this may impact the process as well, since two separate bankruptcy cases might be required. A local bankruptcy attorney really would be the best source of this information. Many offer free or low-cost initial consultations, so you could get the information you need to make an informed decision about your next step.

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  • How legit are debt settlement companies and agreements with them?

    I am about to sign with a debt settlement co. put am having reservations. How safe is this? What happens if they can not settle,can the C.C company sue me? Would I be better off to try to negotiate with the credit card companies myself?

    Kevin’s Answer

    Sadly, many people who work hard and strain their budgets to work with debt settlement companies end up in bankruptcy anyway--often after paying out thousands of dollars. Many, many debt settlement companies are scams, in which the person they're "helping" never manages to pay anything beyond the debt settlement company's fee (which can be quite a lot of money).

    Even if the debt settlement company is operating in good faith, their typical process involves saving up payments over a period of time to attempt to negotiate a lump sum settlement. During that time, the companies that are not receiving payment are generally still reporting delinquencies to credit, and are free to take any kind of collection action they choose.

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  • I need help clearing up a few bankruptcy questions that i have

    recently my car was repossessed and i was wondering if i can file bankruptcy on it along with whether or not i can file on any credit card debt?thank u for your assistance with this matter,

    Kevin’s Answer

    Most unsecured debts can be discharged in Chapter 7 bankruptcy, and credit card debt is one of the most common types of debt listed in bankruptcy proceedings. Generally, once a car has been repossessed any remaining balance becomes an unsecured debt, and so that is also generally dischargeable.

    Unfortunately, in-house collectors and collection agencies/debt buyers often tell people that debts are not dischargeable in bankruptcy or that the person isn't eligible for bankruptcy when it's simply not true. The best way to find out exactly which debts are dischargeable is to talk to a local bankruptcy attorney. Many offer free consultations. If you don't have a bankruptcy lawyer in mind, you may be able to find one through the link below.

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  • Can the wife of my child's father be order to pay child support?

    If the father of my child has a court order to pay child support, but he is currently unemployed. If he is married to another woman, and she is working.Can she be ordered to pay child support? by Aniya's_Mother in Child support

    Kevin’s Answer

    I'm not a Michigan attorney and can't advise you on your specific situation, but generally the spouse of a non-custodial parent has no legal obligation to the child. Household income is not factored into child support calculations, only the income of the parent(s). Although living situation may occasionally be introduced as a reason for deviating from child support guidelines (for instance, if one parent or the other does not have to spend money on living expenses because a new spouse, parent or some other party is providing those accomodations at no cost to the parent), the obligation to pay support rests with the parent.

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  • 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.

    Can my husband legally obtain visitation rights for our cat? He left me for another woman and has a cat of his own.

    Kevin’s Answer

    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 the law in Maryland, but do not assume that the argument is "ridiculous"--ask your divorce lawyer what the state of Maryland law is with regard to pets and how your local judges tend to treat pets in divorce cases.

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

    I have two cases of menacing in the 3rd degree. The police never read me my Miranda rights while arresting me.

    Kevin’s Answer

    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 used. You may find the link below helpful; the page explains Miranda rights and the consequences of failure to read those rights in more detail.

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  • Can I collect uneployment if I got fired, PA employment laws

    I work for a nonprofit org. I was some what self taught on how to do business there. Now its under new management everyone is being trained including myself, I have been the theaden to be fired more than once for making mistakes on things I know ...

    Kevin’s Answer

    I'm not a Pennsylvania attorney, but in most states eligibility after termination would depend upon the reason and circumstances. You may be able to find the answer to your question in this general information the state provides about unemployment benefits eligibility.

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  • I'm moving to a different state and if I don't see my kids as often do I still have to pay the max child support?

    I'm moving to a different state and my x and I agreed on lowering my child support to the amount that I was supposed to pay. Also child daycare was erased and so was the medical but I'm not going to see my kids that often.Does the time I spend wit...

    Kevin’s Answer

    I am not a California attorney; this is general information only. Depending on the applicable state guidelines and the amount of time in question, visitation or shared custody can impact the level of child support paid--but generally not in the way that it sounds like you're hoping. A non-custodial parent who spends a lot of time with his children may be granted a reduction in child support because it is presumed that he's providing direct support to the children during the time spent with them, and also that the burden on the custodial parent is eased by those times when the non-custodial parent is providing direct support.

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  • How long does an employer have to get the laid off employee their check, before it becomes a legal issue?

    I was laid off on Monday, May 18th, 2009 paid up through that day and still have not received my check.

    Kevin’s Answer

    I am not an Arizona attorney, but I believe that you will find the answer to your question, along with information about wage claims, on the Arizona Industrial Commission's website (link below).

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