Author Archives: Lex Rogerson

Debts That Survive Bankruptcy: Domestic Relations Obligations

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

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Debts That Survive Bankruptcy

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

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Avoiding Bankruptcy

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

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Bankruptcy Means Test and Falling Incomes

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

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What if I Fail the Means Test?

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

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What’s the Bankruptcy Means Test?

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

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Chapter 13 and the Means Test

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

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Is Bankruptcy Really the Last Alternative?

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

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What Happens to Judgments in Bankruptcy?

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

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Taxes and Bankruptcy (Part Two)

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

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