Kevin W. Chern’s Answers

Kevin W. Chern

Chicago Bankruptcy Attorney.

Contributor Level 11
  1. If a spouse takes the bulk of debt in a divorce could creditor's pursue other spouse if I file bankruptcy

    Answered almost 6 years ago.

    1. Kevin W. Chern
    2. Ben L Schneider
    2 lawyer answers

    I'm assuming that you're talking about filing for Chapter 7 bankruptcy and discharging your unsecured debts. When two people are obligated on a debt and one of them files for Chapter 7 bankruptcy, that has no impact on the obligation of the other person. Creditors can and will continue to pursue collection from the other person for as long as they are legally able to do so (and many collection agencies and debt purchasers will attempt to collect even after the statute of limitations has...

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  2. What can I do about creditors still attempting to collect debts that were discharged in bankruptcy

    Answered almost 6 years ago.

    1. Theodore Lyons Araujo
    2. Kevin W. Chern
    3. David Leibowitz
    3 lawyer answers

    I'm assuming that you have notified the creditor that these debts were discharged in bankruptcy and that has not stopped the collection efforts. If that's not the case, make sure that you do, and do so in a way that can be documented: for instance, fax a copy of your discharge to the creditor/collection agency or mail it with a return receipt requested. It's important that you realize that a creditor who continues to attempt to collect a discharged debt is violating the law--and the...

    1 person marked this answer as helpful

  3. Very very important question. Please advise me on what to do.

    Answered almost 6 years ago.

    1. Joshua Matthew Lurie
    2. Kevin W. Chern
    2 lawyer answers

    Have you instructed them not to call you? While it only applies to third party collectors (such as collection agencies) and of course some debt collectors violate the law, the Fair Debt Collection Practices Act does require that a collector stop contacting you if you notify them in writing to cease communication with you. This will not prevent the collector from taking further action against you, such as filing a lawsuit, and they can contact you to let you know that they're about to take...

    1 person marked this answer as helpful

  4. What can I do now? If the answer is pay them the stupid $72, then who? Medclear or NCO?

    Answered almost 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Medclear is an alternate business name or subsidiary of NCO--these are not two separate companies. You don't say how the agreement with NCO came about. You can dispute the item on your credit report (all three major credit bureaus provide forms, instructions and even an opportunity to dispute online on their websites), but it would be very helpful if you had documentation of your agreement with NCO. For instance, a letter from NCO offering to settle the debt for 133.90, a copy of your...

    1 person marked this answer as helpful

  5. Creditor harassment during bankruptcy

    Answered almost 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Bankruptcy law provides remedies for both automatic stay violations and discharge violations--that is, actions against creditors who ignore the automatic stay and continue to take collection action during bankruptcy and actions against creditors who ignore the fact that a debt has been discharged and continue to pursue collection. When a debtor files an adversary proceeding in the bankruptcy court because a creditor is continuing to attempt to collect a discharged debt, the bankruptcy court...

    1 person marked this answer as helpful

  6. If I filed for bankruptcy in 2003 what options to I have against creditors

    Answered almost 6 years ago.

    1. Scott W Paris
    2. Kevin W. Chern
    2 lawyer answers

    Even if you were eligible to file for bankruptcy at this stage, it might not be particularly helpful. I don't know the specifics of your situation and am not licensed to practice law in Ohio, but generally debt collectors pose little threat to people without income and with few assets. While it's certainly stressful to hear from debt collectors who continually try to convey their sense of urgency to you, stop and assess what kind of action they can realistically take against you. You might...

    1 person marked this answer as helpful

  7. Can the bankruptcy trustee take my car if I file for bankruptcy

    Answered almost 6 years ago.

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

    You don't say where you're getting your information, and that's always a concern when it comes to legal issues. Well-meaning friends and family often draw the wrong conclusions based on their own experience or experiences related by others. Because there are so many factors involved (which type of bankruptcy you're considering, the value of your car, the amount of outstanding debt on your car, your ability to continue to make payments on the loan) and exemptions vary from state to state, your...

    1 person marked this answer as helpful

  8. Personal Debt

    Answered almost 6 years ago.

    1. Mark Roland Baran
    2. Kevin W. Chern
    2 lawyer answers

    Generally, once a debt becomes due and is not paid in full, the creditor can pursue collection and does not have to accept a payment plan. However, in practice many will accept payments so long as you continue to send them regularly, even if they have refused to set up a payment plan with you. If they choose not to accept the payments, the next step is generally to pass your account along to a collection agency, where you'll usually get a fresh opportunity to negotiate payments. Collection...

    1 person marked this answer as helpful

  9. Bankruptcy-judgement

    Answered almost 6 years ago.

    1. Kevin W. Chern
    1 lawyer answer

    Pursuing collection of discharged debts is against the law. There is some critical information missing from your posting, because it is not clear whether the debt in question was discharged in your bankruptcy. If the underlying debt was listed in your bankruptcy and the creditor continued to pursue that debt during your bankruptcy, or if the debt was discharged in bankruptcy and the creditor proceeded to judgment after the discharge, the creditor may be subject to sanctions for violation of...

    1 person marked this answer as helpful

  10. Bankrupt

    Answered almost 6 years ago.

    1. Peter Robert Stone
    2. Gabriel Cheong
    3. Kevin W. Chern
    3 lawyer answers

    The attorney may also be thinking about the fact that once you've filed for Chapter 7 bankruptcy, you foreclose that option for several years. You say that you currently have no income, which raises the possibility that your financial situation hasn't hit its worst point yet. Before determining whether or not it's worth your investment to file for bankruptcy in your current circumstances, carefully assess whether or not you're certain that you're in a position where your debt is not going to...

    1 person marked this answer as helpful