Kevin W. Chern’s Answers

Kevin W. Chern

Chicago Bankruptcy Attorney.

Contributor Level 11
  1. Is there a law or program for unsecured debt over $7,500.00 or $10,000.00 for special handling to become debt free?

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Surely you've heard the old adage "If it sounds too good to be true, it probably is"? Obviously, I don't know the specifics of the offers you're receiving, but it sounds like a debt settlement company. While there may be legitimate debt settlement companies, there are many, many scams out there masquerading as debt settlement options. Many people who sign on for debt settlement programs end up filing for bankruptcy after making payments for months and seeing no reduction (or even an increase)...

    2 people marked this answer as helpful

  2. Is it true when debt collectors call you can tell them uncollectible debt .

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    What debt collectors "have to" do and what they will actually do short of some kind of action to compel them are usually two different things. However, challenging an outdated debt on your credit report is a fairly easy process. Simply order your credit report from each of the three major credit bureaus. If you haven't received your free annual credit report from each of the bureaus, you can order them for free at the site listed below. Note that there are many websites that claim to offer...

    2 people marked this answer as helpful

  3. What exactly is chapter 7 and also chapter 13 bankruptcy

    Answered about 6 years ago.

    1. Margery Ellen Golant
    2. Kevin W. Chern
    2 lawyer answers

    Margery has covered the basics very well; one thing I'd add is that Chapter 13 bankruptcy may be an option for people who have non-exempt assets they hope to keep. You might find this quick comparison sheet on Chapter 7/Chapter 13 bankrupty helpful, along with the links on the page to more in-depth information about each.

    2 people marked this answer as helpful

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

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer 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...

    1 person marked this answer as helpful

  5. 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?

    Answered over 5 years ago.

    1. Jonathan H Levy
    2. Kevin W. Chern
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  6. 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?

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer 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,...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer 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).

    1 person marked this answer as helpful

  10. How do I obtain a Court Awarded Lawyer?

    Answered over 5 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Generally, attorneys are appointed to represent people only in criminal cases or a handful of other matters in which fundamental rights are at risk. Since you've posted this question in the "Divorce" section, you're likely looking for help with a family law matter. There may be help available for you, depending on what type of issue you're dealing with. For instance, if you're looking to establish paternity or collect child support, the child support enforcement division of your local...

    1 person marked this answer as helpful