Questions Answered by Kevin W. Chern Esq.

Q: If I am behind on rent and file for bankruptcy can I still be evicted?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Oct 9, 2015
Kevin W. Chern Esq.'s answer
When a bankruptcy case is filed and a landlord has not yet received a judgment for possession, the automatic stay typically stops the proceedings as it does all other collection actions. However, the landlord may ask the bankruptcy court to lift the automatic stay to allow the eviction to proceed. In most cases, filing for bankruptcy will buy a tenant who has not yet been evicted a little time to attempt to catch up, work things out with the landlord or set up a Chapter 13 repayment plan, but...

Q: I am considering filing bankruptcy but have a possible settlement coming in a court case that has been filed in fedl ct

2 Answers | Asked in Bankruptcy, Collections and Consumer Law for Vermont on
Answered on Oct 3, 2015
Kevin W. Chern Esq.'s answer
Whether or not your settlement is considered an asset in a bankruptcy case does not depend on the date of the settlement. The claim itself is an asset in the bankruptcy case if it exists as of the date of filing, so if a person files bankruptcy with a pre-existing claim, it does not matter how long it takes to settle the case or to receive compensation. The bankruptcy case may be held open pending resolution of that asset.

*Kevin Chern is Managing Partner of UpRight Law, a national law...

Q: If I quit paying credit cards & have not even enough money to live on, could they still sue me?

2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Answered on Sep 28, 2015
Kevin W. Chern Esq.'s answer
Your financial situation won't prevent anyone from suing you, though it may mean that the creditor would be unable to collect at this point. That's not a sure thing, though--it depends on how much income you have and any assets that you might have.

A local bankruptcy attorney can go through the numbers with you and explain exactly what is at risk and what your options are. It would be in your best interests to get that information before making any decisions about how to proceed with...

Q: How much does it cost for bankruptcy

1 Answer | Asked in Bankruptcy for Minnesota on
Answered on Sep 25, 2015
Kevin W. Chern Esq.'s answer
The filing fee for a Chapter 7 bankruptcy case is $335. Depending on your financial circumstances, you may be allowed to pay this fee in installments or receive a waiver. You will also be required to complete credit counseling before filing. The cost varies depending upon the provider, but is usually $50 or less, and fee waivers are also available in extreme circumstances.

Attorney fees will vary by location and the complexity of your case. However, many bankruptcy attorneys offer free...

Q: I just filed chapter 7. My landlords are trying to evict me , and say I must be out within three days. Can they do this?

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Sep 14, 2015
Kevin W. Chern Esq.'s answer
The answer to your question depends on the particulars of your case. In most cases, an automatic stay would have gone into effect upon filing, and would prevent your landlord--for a time--from evicting you based on non-payment of rent. If you filed with an attorney, you should address this question to him or her asap. If you did not use an attorney, check your paperwork for a stay order. A creditor, including a landlord, can be sanctioned for violating the automatic stay.

*Kevin Chern...

Q: We are considering bankruptcy but are concerned about our home.

1 Answer | Asked in Bankruptcy for Louisiana on
Answered on Sep 14, 2015
Kevin W. Chern Esq.'s answer
Although only one residence is protected by the homestead exemption in bankruptcy (in Louisiana, the one you occupy, up to $35,000 in equity), that doesn't necessarily mean losing one property. One situation in which the secondary property might be retained would be if there were little or no equity in that property. In a situation in which there is equity in both properties, a Chapter 13 bankruptcy filing might offer a solution.

Talk with a local bankruptcy attorney who can review the...

Q: If I don't know whether I should file or not. Is there a place where I can get free counseling or free help?

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Sep 14, 2015
Kevin W. Chern Esq.'s answer
Before you file for bankruptcy, you must complete credit counseling. The purpose of this requirement is to help you determine whether or not there are other viable options for you. You can find a list of approved agencies here: http://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111

Many offer services for a nominal fee, and in some cases fee waivers are available.

In addition, many consumer bankruptcy attorneys offer a free initial consultation....

Q: I just bought a new car at the beginning of this year and I am current on my payments, if I file will I lose my car?

1 Answer | Asked in Bankruptcy for Texas on
Answered on Sep 2, 2015
Kevin W. Chern Esq.'s answer
There are a couple of options for keeping a car with an outstanding lien in Chapter 7 bankruptcy. One is to reaffirm the debt (basically, agree that the debt won't be affected by the bankruptcy and that you'll keep making payments as scheduled). Another is to "redeem" the car by paying the full market value (not the amount of outstanding debt). Your options may be limited by the amount of equity in the vehicle, but Texas has flexible exemptions that may be used to protect the equity in your...

Q: What is the Statue of limitations on a judgment, The court I believed said it was a civil matter.

1 Answer | Asked in Bankruptcy and Collections for Virginia on
Answered on Sep 2, 2015
Kevin W. Chern Esq.'s answer
Generally, a judgment in Virginia is valid for ten years, and may be renewed for an additional ten year period. That said, it would benefit you to speak with an attorney as soon as possible. Depending upon the specifics of your situation, some or all of the funds seized may be exempt from collection. In addition, a bankruptcy filing sometimes allows recovery of funds garnished. But, either would require quick action.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm...

Q: Do I need to be late on payments or in collections to file ?

1 Answer | Asked in Bankruptcy for Texas on
Answered on Aug 26, 2015
Kevin W. Chern Esq.'s answer
The determination as to whether you can file for Chapter 7 bankruptcy does not take the status of your debts into account. It begins by comparing your income to the median income in your state for a household of the same size. Most people who are below the median qualify for Chapter 7 bankruptcy. If the debtor's income is above the median, a more complicated analysis is employed to determine whether or not you have sufficient disposable income to make at least some payment toward your debts on...

Q: How do I get my discharge papers?

2 Answers | Asked in Bankruptcy on
Answered on Aug 24, 2015
Kevin W. Chern Esq.'s answer
If by "moved" you simply mean that the attorney has relocated his/her practice, you should be able to locate the attorney easily. Making contact with the lawyer would be your best approach, since he or she will know how your house was handled in the case and why, in addition to being able to provide your paperwork.

It seems that you haven't entered your state, so I can't provide a specific link for locating attorney contact information, but most states provide a listing of all...

Q: Case flagged as dismissed for fees due, owe one payment on filing fee. How can I correct this

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Aug 24, 2015
Kevin W. Chern Esq.'s answer
You may want to contact the Trustee. Depending on your local practices, it may be possible for the trustee to agree to re-open the case for final payment and discharge. Your chances of getting this resolved in your favor will diminish with time, so make sure that you're diligent about moving forward promptly.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois...

Q: How long does a creditor have to go after a deficiency judgment in Alabama?

2 Answers | Asked in Bankruptcy for Alabama on
Answered on Aug 20, 2015
Kevin W. Chern Esq.'s answer
It's not clear whether you're asking how long the lender has to file suit for a deficiency (assuming non-judicial foreclosure) or how long a judgment creditor has to collect on a judgment once it's been entered. The statute of limitations for most contract issues in Alabama is six years. Once a judgment has been entered, it typically survives for 20 years.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal...

Q: I am a sole proprietor and have begun filing Chapter 13 bankruptcy paperwork...

1 Answer | Asked in Bankruptcy for Illinois on
Answered on Aug 20, 2015
Kevin W. Chern Esq.'s answer
You mention having turned in paperwork to your attorney. This is a question that should be directed to that attorney, before you take any action. Your attorney knows the details of your case and your jurisdiction, and is the best qualified person to answer this question (and the only one ethically permitted to give you advice).

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states....

Q: Can I claim a car on bankruptcy that someone else purchased for me, but I am making the payments?

3 Answers | Asked in Bankruptcy for Virginia on
Answered on Aug 12, 2015
Kevin W. Chern Esq.'s answer
Your question isn't entirely clear, but if you're asking whether you can discharge someone else's debt in bankruptcy, the answer is no. If you're considering bankruptcy, you should speak with a bankruptcy attorney in your area before taking any action, as you're in a potentially complicated situation which, if not handled correctly, could result in your mother being obligated on the loan while you are prevented from making payments.

*Kevin Chern is Managing Partner of UpRight Law, a...

Q: I purchased a new roof from a store then filed chapter 7, is the warranty that came with the work no longer valid?

2 Answers | Asked in Bankruptcy for Texas on
Answered on Aug 20, 2015
Kevin W. Chern Esq.'s answer
Your bankruptcy attorney would be the best source of this information. From your question, it's not clear whether you're attempting to discharge debt to the store or have paid in full, how much time elapsed from your purchase to the bankruptcy filing, etc. Talk to the attorney who knows the details of your case.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois...

Q: Can bank seek money judgment against me?

2 Answers | Asked in Bankruptcy for Oklahoma on
Answered on Aug 13, 2015
Kevin W. Chern Esq.'s answer
You should contact the attorney who handled your bankruptcy case. The sequence of events you describe is inconsistent, making it unclear whether or not your liability for the mortgage would have been discharged in the bankruptcy case. Even if your personal liability has been discharged, it sounds as if your ex did not file bankruptcy with you, meaning that his/her liability would not have been discharged.

Your best source of answers to your specific questions will be the attorney who...

Q: what is the difference between chapter 7 and chapter 13 Bankruptcy?

2 Answers | Asked in Bankruptcy for Missouri on
Answered on Aug 12, 2015
Kevin W. Chern Esq.'s answer
In addition to Chapter 7 being a means of discharging debt and Chapter 13 being a means of restructuring debt to pay back over time, Chapter 7 is generally most useful for people who have a lot of unsecured debt. Some common examples of unsecured debt include credit card bills, medical bills, old utility bills and unsecured loans.

Chapter 13 is often the best option for a person who has secured debt and wants to keep the property, or has non-exempt assets that he wants to keep. For...

Q: Should I be paying a private student loan debt that is listed on my credit report as discharged?

1 Answer | Asked in Bankruptcy for New York on
Answered on Aug 7, 2015
Kevin W. Chern Esq.'s answer
The best source of information about what was and was not discharged in your bankruptcy case will be the attorney who represented you in that case. If you were not represented by an attorney in your bankruptcy case, refer to your paperwork. If you do not have your schedules and discharge order, you can obtain a copy from the bankruptcy case.

If you are uncertain or discover that you have been making payment on a discharged debt, you would do well to consult a consumer protection...

Q: Do you have to give up land during bankruptcy?

1 Answer | Asked in Bankruptcy for North Carolina on
Answered on Aug 1, 2015
Kevin W. Chern Esq.'s answer
The answer to your first question will depend on a number of factors, including whether the land is a single parcel on which your home stands or separate parcels of land, the equity you have in the property and which type of bankruptcy you're pursuing.

The answer to your second question is a categorical no.

A local bankruptcy lawyer can look at the value of your property, your debts, your other assets and other factors and explain your options so that you can make the right...

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