Mr. Chung has been a partner with Chung & Press, P.C. since its formation in 1993. Mr. Chung has a diverse business and commercial law practice that focuses on legal issues involving bankruptcy, real estate, and corporate law. Mr. Chung received his undergraduate degree in 1984 from the University of Virginia, and his law degree from The George Washington University National Law Center in 1987. Mr. Chung is admitted to practice in the Commonwealth of Virginia as well as numerous federal courts. Mr. Chung is active in the community, and has served in the following capacities:

• Director and Founding Member of the Virginia Chapter of the Asian Pacific American Bar Association
• Member, Board of Directors for the Asian and Asian Pacific American Alumni Network of the University of Virginia.
• Member, Board of Trustees for The McLean Orchestra since 2003, for which he was the President for the 2006-2007 season.
• Past Member, Board of Directors of the George Washington University Law Alumni Association.
• Director, McLean Youth Football, Inc.

Bankruptcy
1. Should I file for Bankruptcy?[TOP] "Should I file for bankruptcy?" This is the question that most of our clients want us to answer for them, but at times it’s not that simple. Most people don’t want to file for bankruptcy?as I often tell clients, they would rather have a root canal without anesthesia then have to call a bankruptcy lawyer?but sometimes not only is it the best decision, it is the only decision. How do you know?

First, it generally is not a decision you should make by yourself. You need to get the input of others. People often talk to their family, friends, and even their minister, pastor, priest or rabbi before talking to me. Sometimes, though, it is hard to discuss your financial problems with someone you know. Rest assured, bankruptcy attorneys won’t think less of you for calling. Most experienced bankruptcy attorneys have usually "seen it all," and have handled cases much worse than yours. You should seek the advice of experienced bankruptcy attorneys who are qualified to review your situation and give you advice recommendations as to what is the best course of action.

Second, you should look at the danger signs that you are overextended and in trouble. Recognizing the problem early lets you act sooner, and have more options available to you.

Third, seek advice sooner rather than later. This is a key point. Financial difficulties usually don’t happen overnight. Although the incident causing the problem can occur suddenly?job loss, illness, separation?there are short-term fixes that can relieve the pressure. Working overtime or a part-time job, dipping into retirement, living off your credit cards, all in the expectation that things will turn around soon, are ways to make a bad situation even worse. Many people enter a difficult financial period with savings and a retirement account, but by the time they seek legal advice they literally don’t have enough money to buy groceries…and they may have a tax liability for the early withdrawal of the retirement to boot! These people would have benefited greatly from seeking legal advice before the savings and retirement are gone, had more flexibility and options, and would have been better able to get a fresh start after their bankruptcy case ended. 2. Can i file bankruptcy without a lawyer?[TOP] Our firm has taken over cases where a debtor prepared and filed the various bankruptcy documents without the help of an attorney, what is called a pro se or pro per filing. Apart from the fact that the schedules generally had to be completely redone (the exemptions are usually wrong, debts are not listed, assets are not listed or are listed or valued incorrectly, and so forth), the bigger problem was that a number of these people lost their homes or other assets, that could have been protected, as a result of not receiving proper legal advice.

Others ran into severe problems at the Meeting of Creditors, where they have no one to turn to for preparation or advice. Generally, pro se debtors don’t know what the Bankruptcy Trustee is looking for, or how to properly deal with the Trustee’s questions and concerns. We’ve seen pro se filers end up facing charges of bankruptcy fraud?all because they did not understand the consequences of what the information put in their schedules meant.

Finally, under the new bankruptcy law, there are a number of new deadlines that, if missed, will result in the automatic dismissal of your case, and a potentially very complex means test computation. Many bankruptcy attorneys are no longer practicing in this area of law as a result of these changes.

Bankruptcy can easily become a very complicated area of the law (even to attorneys who don’t regularly practice it). Interestingly enough for a federal system, it is very state and locality specific. What will work in California, for example, probably won’t fly here in Virginia or Maryland.

Do yourself a big favor?consult with a lawyer. 3. Can I be fired if I file bankruptcy?[TOP] One question we often receive is whether someone can be fired if they file for bankruptcy. The short answer is, "No."

The Bankruptcy Code contains specific protections for people who file. Section 525(b) says, "No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or her been a debtor under this title…solely because such debtor is or has been a debtor under this title or has not paid a debt that is dischargeable in a case under this title." In other words, if you’re fired solely because you filed for bankruptcy, your employer is breaking the law, and you may have a claim for osses and damages. Ask Question, Get Your Answer[TOP]

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