Questions Answered by Kevin M Rogers

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?

3 Answers | Asked in Bankruptcy for Michigan on
Answered on Apr 20, 2019
Kevin M Rogers' answer
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!

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

2 Answers | Asked in Bankruptcy for Georgia on
Answered on Apr 20, 2019
Kevin M Rogers' answer
Bankruptcy allows you to avoid liens that impair the equity and title in your home and yes, Chapter 13 will get rid of these.

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

3 Answers | Asked in Bankruptcy for South Carolina on
Answered on Apr 19, 2019
Kevin M Rogers' answer
Absolutely and you shouldn’t hesitate!

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

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Apr 15, 2019
Kevin M Rogers' answer
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 new, secured creditor - the same Mortgagee except the amount he will be owed is EXACTLY the amount, including interest of the arrears. You will pay this through the Plan, through the Trustee and it will...

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

3 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on Apr 13, 2019
Kevin M Rogers' answer
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 his bcy? The Clerk has a Matrix if creditors and their addresses. If you were not included and didn’t actually get notice of his bcy, then wait till he gets his discharge and the court closes his...

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

6 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on
Answered on Apr 6, 2019
Kevin M Rogers' answer
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 kind! I can’t imagine any legal grounds you would have to lift the automatic stay.

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

1 Answer | Asked in DUI / DWI and Constitutional Law for Idaho on
Answered on Mar 30, 2019
Kevin M Rogers' answer
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 that sentenced you. Even though you wouldn’t necessarily give up ANY rights by virtue of being convicted, a court can require you to waive your 4th A rights in order to get probation, as opposed to...

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

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 24, 2019
Kevin M Rogers' answer
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 they're told they must. So, be prepared to give a monthly "income" amount for purposes of CS.

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

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 24, 2019
Kevin M Rogers' answer
Yes. As long as it is strictly traceable and NEVER commingled.

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

1 Answer | Asked in Criminal Law for Idaho on
Answered on Mar 23, 2019
Kevin M Rogers' answer
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 had the “intention to commit a premeditated, intentional, malicious, unlawful killing.”

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

2 Answers | Asked in Bankruptcy for Wisconsin on
Answered on Mar 24, 2019
Kevin M Rogers' answer
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 back as you can." That way they can't HOLD you to a specific payment plan or amount etc., but that you will pay "as much as you can, as often as you can" until it's paid off.

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

3 Answers | Asked in Collections and Bankruptcy for Pennsylvania on
Answered on Mar 20, 2019
Kevin M Rogers' answer
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 to seize your property to satisfy the debt. When the Sheriff seizes it (or before he does), he must provide you with an application to claim your money as "exempt." If you fill that out and file it...

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

1 Answer | Asked in Criminal Law and Probate for Idaho on
Answered on Mar 16, 2019
Kevin M Rogers' answer
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 about six (6) later. The soonest you could get in front of the District Court to admit your absconding allegation would be up to your lawyer to let the Clerk know that you do NOT intend to have a...

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?

2 Answers | Asked in Bankruptcy for Missouri on
Answered on Mar 16, 2019
Kevin M Rogers' answer
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 receiving 30% of what they are owed. Your "windfall" profits are sufficient to potentially give them 40-50% of what they're owed.

Q: Can a husband or wife legally file bankruptcy without the other knowing about it in the state of MS.?

2 Answers | Asked in Bankruptcy for Mississippi on
Answered on Mar 16, 2019
Kevin M Rogers' answer
If you were happily married I suspect that you would know about his filing. If you and he are splitting the sheets then it is perfectly legal for him to file bankruptcy by himself and not involve you. It is however, ridiculous to imagine that his filing will not affect you. His creditors will now come after you for payment, particularly on "joint" purchases and credit cards. I think it is time you and your husband have a good talk together.

Q: My step dad was in a car accident he was hit by a lady I took fall for him since the lady and her husband said it was ok

1 Answer | Asked in Car Accidents for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
You really ought to think about using punctuation in your sentences. I understand the question except when you say "I took fall for him," do you mean that you were trying to keep your step dad from having to write a statement about the accident, so YOU pretended that you had been your step dad? If you write a statement and lie to an insurance company, you may be committing a crime. Even if you are not charged criminally, why would you run the risk of being sued by the insurance company for...

Q: My sister abandoned her dog and she called the police and said that I'm holding her dog against her

1 Answer | Asked in Family Law and Animal / Dog Law for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
Your sister is full of it. You don't need to give her dog back, she abandoned it. 90 days, whether or not it is raining or snowing, is plenty of time to come get a dog that you claim you want back. So, if you don't want the dog, just take it to the pound and tell sister that I DARE HER to sue you over the dog!

Q: If my wife has 50/50 custody but only actually takes <20% custody, can I get out of paying child support?

1 Answer | Asked in Child Custody and Child Support for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
Everything you have stated tells me that there is NO court order for child support, correct? If there is NO order then you would have a case in Small Claims Court to get back the difference between what you've actually paid and what the child support calculator says, but a different judge MIGHT say that what you've paid is a "gift," on behalf of your child. It's always best to go to court and let the court set a payment consistent with the Child Support Guidelines.

Q: How long before you can get your license reinstated following filing bankruptcy on a criminal lawsuit because of car acc

3 Answers | Asked in Bankruptcy for Kentucky on
Answered on Mar 14, 2019
Kevin M Rogers' answer
Bankruptcy has nothing to do with your DL being suspended. If you were convicted of Reckless Driving or DUI in KY, you'd need permission from the court or the Department of Transportation before you could get a restricted DL and probably pay a reinstatement fee first. If you are sued and a judgment taken against you because of the accident then you would have to make arrangements to pay this (or bankrupt it) before you could get a DL. The bankruptcy could possibly wipe out the debt you'd...

Q: Helping my cousin who lives in Idaho for 5 years now but he wants a Divorce and she lives in Texas, where do I file?

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
Are there children involved? That answer would dictate where to file anything. If there are NO children between them then just file in Idaho. Idaho only requires the Plaintiff's residence to be in Idaho for at least 6 weeks prior to the filing.

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