Author Archives: Lex Rogerson

Debts That Survive Bankruptcy: Domestic Relations Obligations

Posted on February 3, 2012 by Lex Rogerson

Written by Lexington/Columbia Bankruptcy Lawyer, Lex A. Rogerson, Jr. Congress has declared that debtors usually cannot get rid of domestic (family court) obligations in bankruptcy. When Chase or Wells Fargo extends credit, they know there is a risk that the … Continue reading →

Posted in Bankruptcy and Domestic Relations | Tagged alimony, bankruptcy, child support, debts, divorce, domestic relations, family, family court, family law, get, law, marriage, obligations, social issues, survive, surviving bankruptcy | Leave a comment

Debts That Survive Bankruptcy

Posted on January 15, 2012 by Lex Rogerson

Written by Lexington/Columbia Bankruptcy Lawyer, Lex A. Rogerson, Jr. In most cases, discharging debt is a major, if not the sole, reason for filing bankruptcy. You file bankruptcy to get a fresh start and get on down the road of … Continue reading →

Posted in Non-Dischargeable Debts | Tagged bankruptcy, bankruptcy code, bankruptcy in the united states, bankruptcy laws, chapter 7, credit, debt, default, discharge, discharge debt, file bankruptcy, finance, fresh start, insolvency law, secured loan, survive, surviving bankruptcy, title 11, united states bankruptcy law | Leave a comment

Avoiding Bankruptcy

Posted on December 10, 2011 by Lex Rogerson

Written by Lexington/Columbia Bankruptcy Lawyer, Lex A. Rogerson, Jr. Avoiding bankruptcy. There can be a number of potential reasons why someone with debt problems decides not to file bankruptcy. Fairly often we’ll advise our Columbia area clients not to file … Continue reading →

Posted in Bankruptcy Basics | Tagged avoiding bankruptcy, bankruptcy, bankruptcy laws, business, car loans, columbia bankruptcy lawyer, credit, credit cards, debt, file bankruptcy, insolvency law, lien, mortgage, property law, sometimes, unsecured creditor, unsecured debt | Leave a comment

Bankruptcy Means Test and Falling Incomes

Posted on November 16, 2011 by Lex Rogerson

Written by Lexington/Columbia Bankruptcy Lawyer, Lex A. Rogerson, Jr. In the last two years, household incomes have generally fallen in South Carolina, pulling a cruel switcheroo on many distressed middle-income families at a time when the economy makes avoiding bankruptcy … Continue reading →

Posted in Means Test | Tagged bankruptcy, bankruptcy abuse prevention and consumer protection act, bankruptcy laws, bankruptcy means test, business, chapter 7, economics, household income, income, incomes, means test, median family income, median income, socioeconomics, south carolina, title 11, united states bankruptcy law, united states code | Leave a comment

What if I Fail the Means Test?

Posted on November 12, 2011 by Lex Rogerson

Written by Lexington/Columbia Bankruptcy Lawyer, Lex A. Rogerson, Jr. If you “fail” the mean test, this results in a presumption of abuse. You still may be able to file Chapter 7, but trying to do so becomes a little more … Continue reading →

Posted in Means Test | Tagged abuse, bankruptcy abuse prevention and consumer protection act, bankruptcy law, chapter 7, columbia, disposable income, household income, income, means, means test, presumption of abuse, socioeconomics, south carolina, student loans | 2 Comments

What’s the Bankruptcy Means Test?

Posted on November 7, 2011 by Lex Rogerson

Written by Lexington/Columbia Bankruptcy Lawyer, Lex A. Rogerson, Jr. In the 25-plus years I’ve been helping people file bankruptcy here in the Columbia area, one of the biggest changes has been the advent of the means test, designed to limit … Continue reading →

Posted in Means Test | Tagged bankruptcy abuse, bankruptcy abuse prevention and consumer protection act, bankruptcy code, bankruptcy judges, bankruptcy means test, chapter 7, means test, title 11, united states bankruptcy law | 2 Comments

Chapter 13 and the Means Test

Posted on November 4, 2011 by Lex Rogerson

Written by Lexington/Columbia Bankruptcy Lawyer, Lex A. Rogerson, Jr. The means test is found in Chapter 7 of the Bankruptcy Code and was primarily intended as a screening mechanism for Chapter 7 cases. However, it plays a significant role in … Continue reading →

Posted in Means Test | Tagged bankruptcy, chapter 13, credit, debt, debtor, disposable income, filing, means test, pay, roles, secured loan, significant, title 11, united states bankruptcy law, unsecured debt | Leave a comment

Is Bankruptcy Really the Last Alternative?

Posted on November 2, 2011 by Lex Rogerson

Written by Lexington/Columbia bankruptcy lawyer, Lex A. Rogerson, Jr. Last weekend I heard a Columbia radio advertisement for a debt adjustment service. Aiming his message at those with out-of-control debt, the announcer said, “Don’t file bankruptcy – that should be … Continue reading →

Posted in Benefits of Bankruptcy | Tagged avoiding bankruptcy, bankruptcy, bankruptcy abuse prevention and consumer protection act, bankruptcy debt, business, columbia bankruptcy lawyer, credit, credit card, credit cards, debt, default, file bankruptcy, filing, filing fee, finance, home equity loan, insolvency law, law, lien | Leave a comment

What Happens to Judgments in Bankruptcy?

Posted on October 26, 2011 by Lex Rogerson

Written by Lexington/Columbia bankruptcy lawyer, Lex A. Rogerson, Jr. What happens to judgments in bankruptcy? I spoke with a client from Columbia last week who had three judgments on record against her. As I told her, one of the best … Continue reading →

Posted in Bankruptcy Basics | Tagged automatic stay, bankruptcy, bankruptcy code, bankruptcy courts, bankruptcy options, columbia, columbia bankruptcy lawyer, file bankruptcy, happening, happens, judgment debtor, judgments, law, lien, money judgments, property law, real estate, sc bankruptcy attorney | Leave a comment

Taxes and Bankruptcy (Part Two)

Posted on October 21, 2011 by Lex Rogerson

Written by Lexington/Columbia bankruptcy lawyer, Lex A. Rogerson, Jr. In “Taxes and Bankruptcy (Part One)”, I discussed the 3/2/240 rule for discharging income taxes in bankruptcy. Here in part two, I’ll give you some examples of how this rule works. … Continue reading →

Posted in Taxes and Bankruptcy | Tagged bankruptcy, bankruptcy abuse prevention and consumer protection act, chapter 7, discharge taxes, federal income tax, internal revenue service, liens, property law, tax lien, taxation, taxes, united states code | Leave a comment