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Questions Answered by Kevin W. Chern Esq.

1 Answer | Asked in Bankruptcy for Pennsylvania on

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

Kevin W. Chern Esq. answered on Oct 9, 2015

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.... Read more »

2 Answers | Asked in Bankruptcy, Collections and Consumer Law for Vermont on

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

PLZ presume I know I can see an atty, I know applic homestead/wild-card, etc., exemptions, and I know this is an asset...question is specific and answers will help me choose atty. Context: Ch 7, All debt is credit card, unsecured. Settlement/judgment will be more than enuf to pay off creditors.... Read more »

Kevin W. Chern Esq. answered on Oct 3, 2015

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... Read more »

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2 Answers | Asked in Bankruptcy and Consumer Law for Florida on

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

After paying cost of living bills, I have 115.00 only left for food/gas for the month. My credit card debt is 17,000.00 and minimum payments are 500.00 per month. Since I obviously am upside down, could they still garnish wages and/or place a judgement?

Kevin W. Chern Esq. answered on Sep 28, 2015

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...
Read more »

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1 Answer | Asked in Bankruptcy for Minnesota on

Q: How much does it cost for bankruptcy

I got three summons and behind on bills and going to be kick out of my place to live

Kevin W. Chern Esq. answered on Sep 25, 2015

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... Read more »

1 Answer | Asked in Bankruptcy for Colorado on

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?

Also, does this mean they can turn off my electric for non payment?

Kevin W. Chern Esq. answered on Sep 14, 2015

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... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on

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

We own an old home and started buying a double wide. Old home was used in our loan as part of down payment. Will they take one of our homes and how do we keep that from happening?

Kevin W. Chern Esq. answered on Sep 14, 2015

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... Read more »

1 Answer | Asked in Bankruptcy for Idaho on

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?

Bankruptcy

Kevin W. Chern Esq. answered on Sep 14, 2015

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:... Read more »

1 Answer | Asked in Bankruptcy for Texas on

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?

I need my car it is very important to me to keep it. But I cant afford the debt I have incurred through credit card debt. My main purpose is to get rid of my credit card debt but keep my car. Do I have to put that in when I file? I dont own a home I rent an apartment. So the only thing I need to... Read more »

Kevin W. Chern Esq. answered on Sep 2, 2015

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... Read more »

1 Answer | Asked in Bankruptcy and Collections for Virginia on

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

It was for a defaulted loan through a bank, the bank recently wiped our checking and saving out ( $4000) on a loan from my husband and his ex wife from 10 years ago

Kevin W. Chern Esq. answered on Sep 2, 2015

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... Read more »

1 Answer | Asked in Bankruptcy for Texas on

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

I am unable to work do to physical health issues. I applied for disability but was rejected of course. I just applied for rent assistance from social services and will not be able to make payments soon. I've never been late or unable to pay and would like to avoid collections and being late even.

Kevin W. Chern Esq. answered on Aug 26, 2015

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.... Read more »

2 Answers | Asked in Bankruptcy on

Q: How do I get my discharge papers?

The attorney I used has moved, I am now dealing with a foreclosure on the home listed on my bankruptcy and am trying to fight this on my own. The attny moved before I ever received my discharge papers. I filed bankruptcy in 2011. The mortgage company has turned this into the credit bureau and my... Read more »

Kevin W. Chern Esq. answered on Aug 24, 2015

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... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on

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

I found this out after completing my Debtor Education course and requesting the certificate be filed electronically. I want to correct the problem ASAP but don't know what form to use. Have filed without attorney and this is the final hurdle. Is this something a lawyer has to complete now?

Kevin W. Chern Esq. answered on Aug 24, 2015

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... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on

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

Kevin W. Chern Esq. answered on Aug 20, 2015

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... Read more »

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1 Answer | Asked in Bankruptcy for Illinois on

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

I have turned in all forms, schedules, etc to my attorney, including value of INVENTORY in my business... My problem is that I need to replenish inventory levels in my store....I am running low on product and need to buy things to keep customers shopping

Do I have to revalue my inventory??... Read more »

Kevin W. Chern Esq. answered on Aug 20, 2015

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... Read more »

3 Answers | Asked in Bankruptcy for Virginia on

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

My mother purchased an automobile for me because my credit was bad. That car is in her name, but I am making the payments monthly. Can I claim the car in a bankruptcy?

Kevin W. Chern Esq. answered on Aug 12, 2015

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... Read more »

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2 Answers | Asked in Bankruptcy for Texas on

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

Kevin W. Chern Esq. answered on Aug 20, 2015

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... Read more »

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2 Answers | Asked in Bankruptcy for Oklahoma on

Q: Can bank seek money judgment against me?

I bought a house when I was married but only I signed the promissory. I get divorced and have to file bankruptcy. House is surrendered in bankruptcy. House is now in foreclosure. Can the bank seek money judgment against me or my ex?

Kevin W. Chern Esq. answered on Aug 13, 2015

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... Read more »

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2 Answers | Asked in Bankruptcy for Missouri on

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

Kevin W. Chern Esq. answered on Aug 12, 2015

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... Read more »

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1 Answer | Asked in Bankruptcy for New York on

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

I filed for a Chapter 7 Bankruptcy and had my debt discharged in January 2010. I noticed on my credit report that my private Chase student loan was included in the bankruptcy and it says that it was discharged but I have been paying on it for years. Is this just an error on my credit report? or is... Read more »

Kevin W. Chern Esq. answered on Aug 7, 2015

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... Read more »

1 Answer | Asked in Bankruptcy for North Carolina on

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

do you have to give up the surrounding land surrounding a home during bankruptcy? and if so, can you give money to a family member to buy the land in an auction?

Kevin W. Chern Esq. answered on Aug 1, 2015

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...
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