Kevin W. Chern’s Answers

Kevin W. Chern

Chicago Bankruptcy Attorney.

Contributor Level 11
  1. What options do I have as a parent to have an adult woman, & her children stop harassing my 15 year old?

    Answered almost 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Depending on the nature of the incidents in question, you might be able to apply for a temporary restraining order (called a protective order in some states) to prevent this woman from having contact with your daughter--but if I'm understanding your description correctly these incidents are occurring when your daughter is visiting another family without you present. If that is correct, might it not make sense to simply have your daughter stop visiting and thus remove her from contact with this...

    1 person marked this answer as helpful

  2. Do I need a laywer?

    Answered almost 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Any time you are facing criminal charges there are good reasons to consult a local criminal defense attorney. You need to understand the possible penalties that you're facing and also the possible consequences of actions you take while the case is pending (such as interactions with the other people involved, statements you make to police or other officials, and even comments you make in passing to friends and relatives). A local criminal defense lawyer will also be able to tell you whether or...

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  3. What happens if you are under 21 an accused of having a measurable amount of alcohol in tour blood with a passenger under 21

    Answered almost 6 years ago.

    1. Alan James Brinkmeier
    2. Kevin W. Chern
    3. S Edmond ElDabe
    3 lawyer answers

    I agree with Alan that you need to speak with a local attorney as soon as possible to learn more about your state's zero tolerance law and the related burden of proof, which may be lower than that which applies in a criminal case. I'm not licensed to practice law in the state of Maine and can't advise you on your particular case, but I can tell you generally that the zero tolerance law provides for a one-year license suspension for any minor operating a vehicle with any alcohol in his/her...

    1 person marked this answer as helpful

  4. What is my recourse?

    Answered almost 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Although a restraining order can generally be entered in a divorce or other case, it's not the only way in most states. An action for a temporary restraining order could be initiated independently, for instance. The fact that you didn't find a restraining order under the divorce case doesn't necessarily mean that one doesn't exist. In most states, a temporary restraining order can be entered without notice, pending service and a hearing. Before you start looking for recourse, you need...

    1 person marked this answer as helpful

  5. Can my credtiros gaurenche my wages?

    Answered almost 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    You should be worried, because your story is an all-too-common one, and often it turns out that the debt relief company has not been making payments, or not making timely payments. Many people end up in bankruptcy after attempting debt settlement and finding themselves more deeply in debt than when they started--after paying out thousands of dollars to the debt settlement company. The sooner you dig deeper and find out exactly what the company is and is not doing for you, the better. Check...

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  6. What are possible consequences for receiving 3rd DUI in Texas

    Answered almost 6 years ago.

    1. Paul Holt Walcutt
    2. Cynthia Russell Henley
    3. Kevin W. Chern
    3 lawyer answers

    Paul makes excellent points. Ask yourself this question--if you received the minimum sentence (two years for a crime with a 2-10 year sentencing range) and then committed the same crime again, what possible incentive would the judge or jury have to be lenient the next time around? The understandable mentality of many judges and juries in that circumstance is that the person is not going to stop drinking and driving unless he is physically prevented from doing so through incarceration. The...

    1 person marked this answer as helpful

  7. Can i pay the bank in payments after my car has been reposessed or do i have to pay the whole thing at one time?

    Answered about 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Assuming that you choose to pay the deficiency rather than pursuing some other option like discharging the remaining balance in bankruptcy, you may be able to set up a payment plan or to negotiate a lump-sum partial payment to settle the account. If you don't discharge the debt in bankruptcy and are unable to work out a payment arrangement or lump-sum settlement with the creditor, the creditor might file a lawsuit against you or might pass the claim off to a collection agency or debt buyer (...

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  8. Should I file Bankruptcy after divorce if he gets the house and the only debt I'm not paying is my credit card debt?

    Answered about 6 years ago.

    1. Michael Wayne Weston
    2. Kevin W. Chern
    3. Robert A. Schwartz
    3 lawyer answers

    You should definitely talk with a bankruptcy attorney. Many offer free initial consultations. There is no guarantee that a debt will die simply because the statute of limitations has expired; it is common practice for old, invalid debts to be sold off to debt purchasers and for those debts to continue to resurface in the form of collection efforts and credit reporting for many years to come. In addition, there is a significant difference between the impact of outstanding bad debts on a...

    1 person marked this answer as helpful

  9. A debt collector is suing me for old credit card debt. Should I sign a stipulation for dismissal With prejudice?

    Answered about 6 years ago.

    1. Okorie Okorocha
    2. Kevin W. Chern
    2 lawyer answers

    Take the documents you received to a local attorney who handles debt collection and consumer protection matters. Obviously, I am not familiar with the details of your case and I am not licensed to practice law in Arizona, but you must ask yourself why the company is suddenly willing to dismiss the case with prejudice. If there were nothing at stake for them beyond the possibility that the case would be dismissed, would they be likely to make that offer? It is possible that their actions have...

    1 person marked this answer as helpful

  10. How reliable is the office supply bankruptcy forms?

    Answered about 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    If you were going to file your own bankruptcy case, there wouldn't be any reason to buy forms--the official forms are available for free on the U.S. Bankruptcy Court's website (see link below). However, if you are not familiar with the bankruptcy process, it is full of possibilities for missteps. A seemingly minor error can lose you the protection of the automatic stay or even get your case dismissed; even if you refile with an attorney, you may not receive the same protections that were...

    1 person marked this answer as helpful