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Questions Answered by Kevin W. Chern
1 Answer | Asked in Bankruptcy for Oregon on
Q: Can I file for chapter 7 without an attorney?

I receive SS Disability, own no property & have no assets! Live in OR & did file chapter 7 11 yrs ago

Kevin W. Chern
Kevin W. Chern
answered on Jun 26, 2015

You're not required to have an attorney to file bankruptcy, and it is possible to file on your own.

However, if you're not well versed in the relevant law and the bankruptcy process, attempting to handle your own bankruptcy can lead to costly mistakes. People who simply print out...
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1 Answer | Asked in Bankruptcy for Utah on
Q: Is this dragnet clause enforceable under Utah law - Chapter 7 BK

I have a car loan and a line of credit with a local credit union. They were both obtained the same day, line of credit first, but the car loan paperwork doesn't clearly identify the line of credit as being cross collateralized. Of course, the loan officer never made me aware of the cross... View More

Kevin W. Chern
Kevin W. Chern
answered on Jun 25, 2015

You may already have created an obstacle for yourself by acknowledging that the line of credit was secured debt in your filing. You would do well to consult a local bankruptcy attorney before taking any further action, since this type of mistake--common to people who attempt to file bankruptcy... View More

2 Answers | Asked in Bankruptcy for Michigan on
Q: How long does a bankruptcy case take?
Kevin W. Chern
Kevin W. Chern
answered on Jun 25, 2015

Typically, a Chapter 7 bankruptcy case takes about four months, though it may be longer if there are assets in dispute or other issues. A Chapter 13 bankruptcy case involves a repayment plan over a period of three to five years.

It's worth noting, though, that in most cases an...
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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Is it better to get a home equity loan to pay off medical bills than file bankruptcy?
Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

"Better" is subjective, and only you can make that decision. One thing you may want to consider, though, is that medical bills are unsecured debt. A home equity loan, on the other hand, is secured by your home. Once unsecured debt like medical bills is converted to secured debt like a... View More

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2 Answers | Asked in Bankruptcy for Illinois on
Q: How are Chapter 13 bankruptcy payments decided?

I am thinking about filing Chapter 13 bankruptcy to keep my house and car, but I don't currently have any income. How will they decide how much I have to pay?

Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

To be eligible for Chapter 13 bankruptcy, you must have sufficient disposable income to fund an acceptable repayment plan. That income need not necessarily come from employment--for example, it might be Social Security benefits or royalties or even alimony payments. But, in order to have a Chapter... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I file bankruptcy on my car and still keep it?
Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

Car loans are typically secured debts, and filing for Chapter 7 bankruptcy does not allow you to keep property that serves as collateral for a debt while eliminating the debt.

Depending on the value of your car, the amount of the debt and other factors, you may have a few options regarding...
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1 Answer | Asked in Bankruptcy for Alabama on
Q: Final Chap 13 payment due and paid this month. Completed Financial Mgmt course. How long before discharge?
Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

Assuming that there is no objection to discharge, the order is typically entered quickly after you've filed your Certification of Eligibility for Discharge--often in just a few days.

*Kevin Chern is an Illinois licensed attorney who has practiced in federal consumer bankruptcy law and...
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1 Answer | Asked in Bankruptcy for Texas on
Q: If I have $16,000 in medical and some other small debts can I file bankruptcy?
Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

I can't tell you whether or not you're eligible for bankruptcy: there are many other factors in play, such as whether you've previously filed for bankruptcy and how much regular income you have. I can tell you that large medical bills are one of the most common triggers for people... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: How long can a bankruptcy trustee keep the case open?
Kevin W. Chern
Kevin W. Chern
answered on Jun 22, 2015

How long a bankruptcy case remains open depends on the assets involved and their disposition. There is no specific timeline on which the trustee must wrap up her duties for entry of the final decree. In some cases involving complex assets, the case may remain open for years. (For example, where a... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: How much does bankruptcy cost in indiana?
Kevin W. Chern
Kevin W. Chern
answered on Jun 21, 2015

The filing fee for a Chapter 7 bankruptcy case is $335 (Chapter 13 is $310). That fee goes to the court, and is in addition to attorney fees, which will vary depending on the attorney you work with and the complexity of your case. You will also be required to complete Credit Counseling in advance... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: I FILED FOR BK IN 2011 WHEN CAN I FILE AGAIN
Kevin W. Chern
Kevin W. Chern
answered on Jun 19, 2015

The answer to your question depends on a number of factors not included here, particularly which Chapter you initially filed under and which you're considering.

Generally, you can file a Chapter 7 case and receive a discharge 8 years after your last Chapter 7 filing.

The...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I have a business that is failing what happens to me if I can no longer afford payments
Kevin W. Chern
Kevin W. Chern
answered on Jun 18, 2015

Your question isn't entirely clear, but I think you're asking what will happen if you're in Chapter 13 bankruptcy and unable to keep up the payments because your income has declined as your business is failing.

If that is what you're asking, you may have a couple of...
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1 Answer | Asked in Bankruptcy for California on
Q: mailing a matrix, what form is that, do I compose the form
Kevin W. Chern
Kevin W. Chern
answered on Jun 18, 2015

In some materials, the matrix will be referred to as the master mailing list or creditor mailing list. It is not a form, but there are very specific instructions as to how you must create this file. You can find them on the US Court website for your jurisdiction.

However, if you're...
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2 Answers | Asked in Bankruptcy for Indiana on
Q: Can I make payment arrangements on a judgement that is already on my credit since 2011 and now want to garnish wages?

Court date in September but I will be moving out of state if they don't accept the offer I wanted to emergency bankruptcy but leave in three week?

Kevin W. Chern
Kevin W. Chern
answered on Jun 14, 2015

You can request a payment arrangement, but the creditor is under no obligation to enter into an agreement with you. Since the debt is a few years old, they may be reluctant to work with you if you haven't made an effort to make payment in the past.

If you're considering filing for...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: In the state of Georgia if the father has filed bankruptcy can't that stop payment and the inforcement of payment case?

He is almost 2000.00 behind and has not made any payments in months.

Kevin W. Chern
Kevin W. Chern
answered on Jun 12, 2015

The automatic stay in bankruptcy, which stops most collection actions upon filing, generally does not apply to domestic support actions or collection actions related to previously ordered domestic support obligations unless the assets involved are property of the bankruptcy estate.

*Kevin...
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1 Answer | Asked in Bankruptcy for California on
Q: What does disputed mean in bankruptcy?

I am filling out bankruptcy forms and they ask if each debt is disputed. What does that mean?

Kevin W. Chern
Kevin W. Chern
answered on Jun 11, 2015

If you're having difficulty understanding the forms, you may want to consider speaking with a bankruptcy attorney before proceeding. Trying to save money by filing bankruptcy on your own can end up being very expensive if you make mistakes or leave something out.

In simple terms,...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Is Chapter 7 or Chapter 13 better for credit card bills?
Kevin W. Chern
Kevin W. Chern
answered on Jun 11, 2015

Many people who file bankruptcy because of high credit card debt choose Chapter 7, because credit card debt is unsecured and can generally be discharged (wiped out) in bankruptcy.

There are other considerations, though. For example, people who have non-exempt assets that they want to keep...
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1 Answer | Asked in Bankruptcy for Minnesota on
Q: Will I lose my wedding ring if we file bankruptcy?

We are considering bankruptcy because of high credit card balances we can't get out from under, but I am worried about my wedding ring. It cost about $2,000 when we got married 7 years ago, and I don't want to lose it.

Kevin W. Chern
Kevin W. Chern
answered on Jun 11, 2015

It's the value of the ring today that counts, not how much it originally cost.

The Minnesota bankruptcy exemption for a wedding ring is up to $2,817.50 in value. In simplest terms, that means that a person filing for Chapter 7 bankruptcy may keep a wedding ring valued at up to...
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1 Answer | Asked in Bankruptcy for Illinois on
Q: Do I have to go to credit counseling even if I already know that I want to file bankruptcy?
Kevin W. Chern
Kevin W. Chern
answered on Jun 11, 2015

The Bankruptcy Code requires Credit Counseling for all individuals before filing bankruptcy. If a married couple files together, each must complete Credit Counseling. A bankruptcy case will typically be dismissed if the petitioner didn't complete Credit Counseling before filing--specifically,... View More

1 Answer | Asked in Bankruptcy for New York on
Q: How long does bankruptcy take?

I have a court date for a credit card bill in a few weeks. I was thinking about filing bankruptcy, but I have heard that it takes months, so I'm not sure whether it will help me.

Kevin W. Chern
Kevin W. Chern
answered on Jun 11, 2015

It's true that the typical Chapter 7 bankruptcy case takes a few months to complete, and a Chapter 13 case even longer. However, that doesn't mean that bankruptcy can't help with a lawsuit that's already pending.

First, the automatic stay that takes effect when most...
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