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Kevin W. Chern Esq.

Kevin W. Chern Esq.

Free Case Evaluation - Legally Get Out of Debt - Chapter 7 Bankruptcy Help
  • Bankruptcy, Consumer Law
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Summary

UpRight Law improves people's lives by providing the high quality services, effective legal strategies and world class customer service. We are America's premier virtual consumer law firm, representing clients Chapter 7, Chapter 13 and Consumer Protection Matters in both rural and metropolitan areas, and allowing consumers to interact with their lawyer online. You no longer need to take time off of work, get a babysitter, or pay travel expenses to access solid legal advice. UpRight Law brings the lawyer to your living room.

Practice Areas
  • Bankruptcy
  • Consumer Law
Fees
  • Free Consultation
  • Credit Cards Accepted
    From friends or family members to pay for your legal services.
  • Contingent Fees
    On Consumer Protection Matters. On Bankruptcy matters, fees are competitive and flexible payment plans are offered.
Professional Experience
Legal Answers
74 Questions Answered

Q. If I am behind on rent and file for bankruptcy can I still be evicted?
A: 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 will not prevent eviction in the long term. *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 licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. I am considering filing bankruptcy but have a possible settlement coming in a court case that has been filed in fedl ct
A: 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 firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. If I quit paying credit cards & have not even enough money to live on, could they still sue me?
A: 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 your credit card debt and any other outstanding debt. *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 licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. How much does it cost for bankruptcy
A: 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 consultations. Sitting down with a local lawyer could help you determine whether bankruptcy is the right solution for you. *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 licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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?
A: 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 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 licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. We are considering bankruptcy but are concerned about our home.
A: 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 value, outstanding debt and other factors and explain the options available in your particular circumstances. *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 licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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?
A: 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. Consider sitting down with a local bankruptcy lawyer to review your situation and get some advice on whether or not bankruptcy might be the right solution for you. *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 licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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?
A: 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 vehicle. A local bankruptcy attorney can assess your debts and other assets and help you choose the best approach. *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 licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. What is the Statue of limitations on a judgment, The court I believed said it was a civil matter.
A: 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 with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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