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Questions Answered by Kevin M Rogers

4 Answers | Asked in Bankruptcy for California on

Q: If I’m late on a car title payment in California does the account go through any kind of review process before repossess

Kevin M Rogers answered on May 1, 2019

The dealer need only notify you that they are taking the car from you pursuant to the Security Agreement you signed, and should have a copy of. If you’ve misplaced your agreement you can ask them for another copy. You might consider calling the creditor and see they would consider giving you some... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: Can an emergency chapter 7 protect my car from repossession. I’m late on a payment with another looming. How fast can ac

Kevin M Rogers answered on May 1, 2019

Yes but since your car depreciates so quickly it’s difficult for the judge or trustee to believe that their car is “necessary for your reorganization.” Consequently, although an emergency filing will “temporarily” halt the creditor from repossessing it, just as quick as the creditor can... Read more »

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1 Answer | Asked in Criminal Law for Idaho on

Q: If a bond and restraining order was set does that mean you have been charged? Can they hold you on a complaint?

My husband was arrested the next day he was given 100,000 bond. His public defender said the only thing she has received is a complaint he has been in jail 8 days.

Kevin M Rogers answered on Apr 29, 2019

There are 2 types of restraining orders. One is typically called a CPO or Civil Protection Order. This is started by someone who swears under oath to a clerk of the court, usually in the clerk's office, that the man has threatened violence to her or her children or has battered her and/or her... Read more »

1 Answer | Asked in Real Estate Law for Idaho on

Q: How do we find out the building inspector on a house built in 2009? Also the name of previous owners insurance co.?

The roof does not come all the way to the edge and water is going down the walls and into the soffits. We have been told that the previous owner was aware of a problem, but it was not disclosed in the property condition disclosure form, and our inspector did not find the problem or inform us.... Read more »

Kevin M Rogers answered on Apr 29, 2019

All you need to do is go to the County Recorder's Dept. and look through the property records on file for that parcel.

2 Answers | Asked in Bankruptcy for Louisiana on

Q: How long do you have to turn in your income tax return to the Trustee?

Kevin M Rogers answered on Apr 25, 2019

You have until the first meeting of creditors, or sooner!

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1 Answer | Asked in Criminal Law for Idaho on

Q: If somebody calls the police and they say that somebody choked me and it goes to court and I don't want to testif bfore

preliminary hearing but prosecutor says I could go to jail if I don't testify. So I testify but what the witness is saying it's not how she saying it happened, a preliminary I said that he applied pressure and choke me but then I said I saw it coming so I held my breath and that's really what... Read more »

Kevin M Rogers answered on Apr 25, 2019

It could go several different ways, unfortunately All Bad for you.

First, the State will employ their cadre of so-called “victim witness coordinators” aka MAN HATERS, to speak to you, let you know of ALL the shitty, scary things that men can do to women. If that doesn’t work they...
Read more »

3 Answers | Asked in Bankruptcy for Michigan on

Q: filing for car I have, it dont run. I want to get rid of car, bank gave me release of lien paper. Can I sell it?

In process of filing. The original loan was consolidated with other loans at the same bank. So seeing I'm still filing and its finalized yet, I didnt know if I could just sell the car for whatever amount, seeing i still owe the debt for it and that's what I'm filing on?

Kevin M Rogers answered on Apr 20, 2019

Get rid of the car. The title now belongs to the lending company. List the original lender, the seller of the car and the company that all previous liens were consolidated with and BE FREE of this lousy car!

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2 Answers | Asked in Bankruptcy for Georgia on

Q: What happens to my home equity in a chapter 13?

A 2013 divorce left me with the marital home, but it has 5 judgment liens placed on the title during the divorce from credit card debt.

These liens are approaching 5, 6 and 7 years of age and of course have ballooned to an enormous amount I'm absolutely unable to pay.

I make... Read more »

Kevin M Rogers answered on Apr 20, 2019

Bankruptcy allows you to avoid liens that impair the equity and title in your home and yes, Chapter 13 will get rid of these.

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3 Answers | Asked in Bankruptcy for South Carolina on

Q: If I already have a bankruptcy lawyer can I consult with another bankruptcy lawyer?

Kevin M Rogers answered on Apr 19, 2019

Absolutely and you shouldn’t hesitate!

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2 Answers | Asked in Bankruptcy for Virginia on

Q: Hello, I have a chapter 13 case and I fell behind in my mortgage payments so I received a motion to lift the stay

the hearing is for this wednesday april 17th in Alexandria Va. I am currenty 2 months behind and my attorney filed for an amended plan but I have no consent yet from the bank's attorney .....

My question is: what should I expect if the bank's attorney does not want to consent?

I am... Read more »

Kevin M Rogers answered on Apr 15, 2019

You will be fine. THAT’S what Chapter 13 is for. It would be a different matter if the Mortgagee could prove that your house had NO equity. Because it is the equity in your house that the court will find is necessary for your rehabilitation.

Your lawyer will amend your Plan, adding a...
Read more »

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3 Answers | Asked in Bankruptcy for Pennsylvania on

Q: i loaned a friend? $5,000 so he could bye a vehicle. he filed for bankruptsy and now says he no longer owes me

the money and there is no way for me to get my money back from him. is this true?

Kevin M Rogers answered on Apr 13, 2019

This is true. I’m sorry. He’s a dick! But having filed bcy clears his debt with you. Make sure of 2 things having to do with his bcy:

1. Make sure that he properly listed you on his Schedule D - Unsecured Creditors. From your question it seemed like he was the one that informed you of...
Read more »

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6 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on

Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed

does that extend the deadline to file an appeal in the civil case

Kevin M Rogers answered on Apr 6, 2019

That does not “EXTEND” your ability to file an appeal, IT EXTINGUISHES IT! It’s called the section “362 blues” or in other words, THE 362 AUTOMATIC STAY! You would need to have the heavy-duty iron gate of the legal stay of every conceivable legal proceedings, including Judgments of every... Read more »

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1 Answer | Asked in DUI / DWI and Constitutional Law for Idaho on

Q: Does being put on probation before a conviction infringe on my 14th amendment right?

Kevin M Rogers answered on Mar 30, 2019

Not automatically. If you’re a citizen of the United States you won’t give up the 14th Amendment rights you have simply by being convicted of a felony. However, to be certain that you haven’t been “required” to give up your 4th Amendment rights, particularly for drug crimes, by the court... Read more »

1 Answer | Asked in Divorce for Idaho on

Q: I'm staying home mom homeschooling my children. Will the court require me to find a day job when going through a divorce

We plan to divorce with an agreement about our assets. I may have a few hundred thousand in assets but I don't work at this time. I have an online business that doesn't bring serious money yet. I'm working on it. I would like to continue homeschooling my boys and I would like to know how the court... Read more »

Kevin M Rogers answered on Mar 24, 2019

Child support and custody are thE two issues in any divorce. If the Court asked you, "maam, what is your monthly income?" What would you say? Are you treating the "settlement money" like an annuity? I.e., taking a monthly sum every month? The Court will want to so a CS calculation, because... Read more »

1 Answer | Asked in Divorce for Idaho on

Q: Idaho divorce; House purchased during marriage. One party used traceable money from an inheritance to make down paymen

Documentable tax forms show that the purchase was made using separate property (inheritance) from one spouse to make the down payment. The house is 50-50% otherwise in community property state. Both spouses are on the title. Is the down payment made using inheritance money deductible from the... Read more »

Kevin M Rogers answered on Mar 24, 2019

Yes. As long as it is strictly traceable and NEVER commingled.

1 Answer | Asked in Criminal Law for Idaho on

Q: How is the mens rea requirment affected by crimes imposing strict liability?

Kevin M Rogers answered on Mar 23, 2019

There is no mens rea for strict liability crimes. Nobody asks “did you intend to run the stop sign,” you either DID or you DIDN’T. Anything more serious however, requires a progressingly more guilty mind, upto the crime of 1st Degree Murder, which requires the State to prove that the actor... Read more »

2 Answers | Asked in Bankruptcy for Wisconsin on

Q: Do we HAVE to include our medical bills in a chapter 7?

We have 2000.00 in medical bills and we'd like to pay them on our own

Kevin M Rogers answered on Mar 24, 2019

You should list every debt you have but nothing in the bankruptcy code prevents you from paying off a doctor bill if you want to. Why don't you let the doctor's billing office know that you're filing bankruptcy and have been advised to list "EVERY" debt you owe, but that you will "try to pay them... Read more »

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3 Answers | Asked in Collections and Bankruptcy for Pennsylvania on

Q: I lost a Civil Law suit with about 141k awarded to the other person. Can they come after my 401K to collect?

Kevin M Rogers answered on Mar 20, 2019

Check your state's NON bankruptcy statutes having to do with exemptions. Most states have non-bankruptcy statutes which allow debtors to keep things like pension monies, disability money, etc. Generally, the process is: the sheriff will go to your pension manager with papers giving him the right... Read more »

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1 Answer | Asked in Criminal Law and Probate for Idaho on

Q: How long does it take to get a revocation hearing for abscounding

My husband was recently picked up in montana and is waiting for extradition back to idaho how trying ti figure out how long it will take before he gets a revocation hearing for absconding his parole

Kevin M Rogers answered on Mar 16, 2019

As soon as you are back in Idaho, your next hearing will be your initial arraignment hearing, probably the next day. Your District Court Arraignment will be set in the following 14 days and you will have your District Court Arraignment on your PV. The Court will then set your Admit/Deny Hearing... Read more »

2 Answers | Asked in Bankruptcy for Missouri on

Q: I have 3 payments remaining in my Chapter 13 Bankrup. I rec'd an inheritance $18,000. Do I have to tell my lawyer?

I also have another debt consolidation from major bills, will this affect my Chapter 13 discharge?

Kevin M Rogers answered on Mar 16, 2019

Absolutely you do. What you have received is called a "windfall." You should immediately notify your lawyer who should immediately notify the Trustee. The funds you received could have kept you from needing to file bankruptcy in the first place. Your creditors who are unsecured are only... Read more »

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