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Kevin M Rogers

Kevin M Rogers

Idaho State Bar Association, Inns of Court
  • Divorce, Bankruptcy, Family Law...
  • Idaho, Idaho
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Summary

Idaho native who understands Idaho and its people and officials. Attended schools in Boise, Idaho and Utah, graduating from Borah High School with a B.A. from Brigham Young University and J.D. from BYU Law School. Note Editor of the Journal of Public Law.
Seasoned attorney with 25 years experience. Experienced attorney in litigation, including family law, divorce and custody; bankruptcy, criminal defense, drug possession, DUI, domestic violence. If you are going through a divorce and concerned about your rights and have children and want what's best for them, I am the lawyer you want in court with you. If you have been stopped by police and charged with a crime and worried about what will happen to you? Will I be able to bond out? How will this affect my job, my family, my ability to continue to work, then I am the lawyer you want in court with you. You will have an attorney with experience as a seasoned trial lawyer. I will answer the phone when you call and i will meet with you and listen to you. If you are at a point in life where you need some help and don't know where else to turn, please give me a call.

Practice Areas
  • Divorce
  • Bankruptcy
  • Family Law
  • DUI & DWI
  • Domestic Violence
  • Criminal Law
Fees
  • Free Consultation
  • Credit Cards Accepted
    I will accept credit cards. There is a 2.75% fee in addition to the fees quoted when using a credit card.
  • Rates, Retainers and Additional Information
    Criminal defense, adoptions, bankruptcy, most business issues are amenable to a "flat fee" for services I provide. This means I will charge you a one-time fee to represent you and that's all the money you will pay.
Jurisdictions Admitted to Practice
Idaho
Idaho
Languages
  • Korean: Spoken
Professional Experience
Idaho State Bar Association, Inns of Court
Current
Education
Brigham Young University
J.D. (1989) | Korean Language, Political Science
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Honors: Academic Scholarship
Activities: Debate, Moot Court
J. Ruben Clark Law School
J.D. (1989) | Criminal Law, Criminal Procedure, Civil Procedure, Torts, Bankruptcy I & II, Constitutional Law, Contracts, Remedies
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Most criminal defense and bankruptcy cases will operate on a flat fee basis. All custody matters and other litigation matters will operate on a non-refundable retainer basis plus an hourly rate billing.
Honors: Note Editor: Journal of Publc Law
Activities: Engaged in drafting contracts, custody proceedings, business litigation, legal advise and counsel; appearances and litigation in courtrooms.
Brigham Young University
B.A. (1986) | Political Science, statistics, Korean language
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Wanted to become a physician but the law became of interest to me in a freak accident where my 2 yr. old son Michael had pulled himself up onto a metal folding chair in Sunday School class and in doing so, the chair folded up on his finger, cutting it off. We rushed the lad to UC Davis Hospital where he was triaged behind those drunks who had fallen down after biting their lips etc., and I was enraged. Here was my little boy losing his finger as I struggled to hold the tip to the exposed bone, horrified watching as it dried out. At last a cart with saline went by and I grabbed it and began squirting the finger tip with saline. Ultimately he was seen and the finger was saved. However, when I wrote the LDS Church and asked if they would please remove all such sharp, folding chairs from their buildings to keep the same thing from happening again, i was poo-pooed and told that the Church is self-funded and does not have a liability policy, to which my response was "well isn't that too bad, because all I asked you to do is remove similar chairs to prevent a similar occurrence from repeating itself and all you tell me is "let us do our jobs." I was furious and vowed that day to sue the Church. It was this experience that led me to become an attorney. Too many people are victims of crimes and negligence. They are in need of an advocate. I have spent my career advocating for people.
Honors: Note Editor for the Journal of Public Health
Activities: Extensive studies into the history of the LDS Church which led me to ask to have my name removed.
Professional Associations
Idaho State Bar # 4076
Member
Current
Legal Answers
81 Questions Answered

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?
A: 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?
A: 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?
A: 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
A: 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 raise your monthly pmt slightly, but then the Court WILL approve your amended Plan. No worries!
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
A: 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 estate before suing him, but sue him! 2. Make sure that YOU file a “Proof of Claim,” so that you can participate in his “payout.” Bankruptcy law now requires that he prove that he is unable to pay back even 30% of his “unsecured debts” of which you are now one. If he WAS able to pay back 30% then you will receive a monthly check from his Trustee. Good luck!
Q. if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed
A: 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?
A: 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 prison.
Q. Do we HAVE to include our medical bills in a chapter 7?
A: 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. How is the mens rea requirment affected by crimes imposing strict liability?
A: 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.”
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Contact & Map
Kevin M. Rogers Law Offices
2399 S. Orchard St., Ste. 204
Boise, ID 83705
USA
Toll-Free: (208) 805-9880
Cell: (208) 805-9880
Fax: (208) 693-8824