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Bankruptcy and Other Alternatives for Avoiding Foreclosure, Part 1

By Lex Rogerson | May 14, 2014 | 0 Comments

By Columbia – Lexington Bankruptcy Attorney Lex Rogerson Chapter 13 is one potential way to prevent or stop a foreclosure, but others may be better. As a bankruptcy attorney, I frequently consult with homeowners from all over the midlands — Lexington,…

Carolina Bankruptcy Judges Discuss Jurisdiction Issues

By Lex Rogerson | May 6, 2014 | 0 Comments

By Columbia – Lexington Bankruptcy Attorney Lex Rogerson Recent and upcoming decisions by the US Supreme Court could reshape the bankruptcy system as we know it. There’s no such thing as the bankruptcy court. That was former North Carolina bankruptcy judge…

Replacement Value Applies to Collateral Surrendered in Bankrutpcy

By Lex Rogerson | April 30, 2014 | 0 Comments

By Columbia – Lexington Bankruptcy Attorney Lex Rogerson. Eleventh Circuit allows chapter 13 debtor to surrender recreational vehicle in full satisfaction of purchase money loan. Aside from opening a new restaurant, probably the quickest way to go broke in Columbia or Irmo or…

Bankruptcy Court: Non-Titled Spouse Can Claim Homestead Exemption

By Lex Rogerson | April 17, 2014 | 0 Comments

By Columbia – Lexington Bankruptcy Attorney Lex Rogerson Under South Carolina law, you may be able to exempt an equitable interest in property even if your name is not on the deed. When spouses file bankruptcy jointly, code section 522(m) provides that each is entitled…

Can a same-sex couple in South Carolina file bankruptcy together?

By Lex Rogerson | April 7, 2014 | 0 Comments

By Columbia – Lexington Bankruptcy Attorney Lex Rogerson While South Carolina law does not recognize marriage between two persons of the same gender, the answer is now a qualified yes. Under the Bankruptcy Code, only spouses can file joint bankruptcy cases. But…

Bankruptcy Judge Can’t Deny Exemptions Because Debtor Lied

By Lex Rogerson | March 7, 2014 | 0 Comments

By Columbia – Lexington Bankruptcy Lawyer Lex Rogerson High Court rules bankruptcy courts’ equitable powers don’t trump exemption statutes. In a case that limits the ways bankruptcy courts can punish debtor misconduct, the US Supreme Court has held that a debtor who acts badly cannot…

Bankruptcy decision suggests husband must pay wife’s debts

By Lex Rogerson | February 18, 2014 | 0 Comments

By Columbia-Lexington Bankruptcy Attorney Lex Rogerson Appeals court decides non-filing spouse’s entire income counts in determining wife’s eligibility for chapter 7 bankruptcy. For many years the Bankruptcy Code has attempted to put chapter 7 off limits to those who can…

Why does my bankruptcy lawyer want all that information?

By Lex Rogerson | February 4, 2014 | 0 Comments

By Columbia-Lexington Bankruptcy Attorney Lex Rogerson Filing a bankruptcy case is an information-intensive process. Expect any bankruptcy lawyer to ask a lot of questions and require a lot of numbers. Last week a lady called my office seeking bankruptcy advice.  To prepare…

Expanding Bankruptcy Protection for Pensions

By Lex Rogerson | November 27, 2013 | 0 Comments

By Columbia-Lexington Bankruptcy Attorney Lex Rogerson In the third in a series of articles on debtor-friendly U.S. Supreme Court decisions, we look at a 1992 opinion that excludes ERISA-qualified retirement plans from the bankruptcy estate. Today, bankruptcy lawyers in Columbia…

Bankruptcy Exemptions: Protecting Retirement Accounts

By Lex Rogerson | October 15, 2013 | 0 Comments

By Columbia – Lexington Bankruptcy Attorney Lex Rogerson In this second of a series on debtor-friendly Supreme Court decisions, we focus on a 2005 opinion that protected IRA’s from bankruptcy trustees. If you’ve paid any attention to retirement planning in…

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