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Louisiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Louisiana on
Q: Why do I need court permission to buy an automobile?

My wife filed Ch 13 one year ago. I did not. Our family car is sadly getting too expensive to repair and needs to be replaced.

Timothy Denison
Timothy Denison answered on Oct 8, 2019

You need court permission to incur ANY debt while you are still in a bankruptcy.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I filed ch 13 in March 2018, I was in a car accident in July 2019 Can the trustee keep any monies from the accident?

Insurance is trying to paying off my car but the trustee hasn’t allowed it yet. The trustee is still making payments towards the car even though the car is gone and she has been notified of this from the insurance company. My claim is still open for my physical injuries since the injuries are... Read more »

Timothy Denison
Timothy Denison answered on Oct 5, 2019

If you are in a 100% 13 plan, then no. If you are in a less than 100% repayment plan, then the trustee n mc at be able to get a portion of it.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I am the Seller under a bond-for-deed in Louisiana. The Buyer has been in default for a while, but I have not exer-

cised repo rights (contract states my repo rights are not voided if I voluntarily don't repo upon a default). Have been working with Buyer as they are friends. Have just learned they are filing bankruptcy to escape credit card debt, but I am concerned what happens to my rights as Seller under... Read more »

Timothy Denison
Timothy Denison answered on Aug 29, 2019

They can reaffirm that debt and keep paying or they can reject the contract and walk away from it.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Is there a lawyer that offers free service for bankruptcy
Timothy Denison
Timothy Denison answered on Aug 6, 2019

Check with your local bar association or legal aid society.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: In ch 13, I got a higher paying job, will the trustee take everything higher than when we filed?

I have been offered a higher paying job, however, I don't have transportation. I need to take out a loan during 13. Our lawyer says find another way to get to work. Dont tell trustee about new job. I don't think thats right, can I talk to the trustee or one of his employees, do I need to find... Read more »

Timothy Denison
Timothy Denison answered on Jul 24, 2019

No. They will evaluate your new income in light of the plan and take a percentage of the increase.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I have been in 13 for about 2 years when can I convert to a chapter 7
Timothy Denison
Timothy Denison answered on Jun 13, 2019

You can convert anytime.

2 Answers | Asked in Bankruptcy for Louisiana on
Q: I surrendered my vehicle in a chapter 13 I still had stuff in it and they came and got it while we were at work.

They never called us to tell us they were coming. What do I do and what are my rights.and can I get a hold of them to get my stuff. I am located in Louisiana

J. Thomas Ash
J. Thomas Ash answered on Jun 13, 2019

Call the lien holder and they will tell you where the vehicle is at. Then you can go get your stuff out of the vehicle as long as you have your id with you.

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: How long do you have to turn in your income tax return to the Trustee?
Kevin M Rogers
Kevin M Rogers answered on Apr 25, 2019

You have until the first meeting of creditors, or sooner!

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: Why did my payment not go up as much as it was supposed to?

My payments were supposed to increase from 1190 every two weeks to 1390 every two weeks. I just looked at my husband's check stub and it only increased to 1283.14. Unsure why this is the case.

Timothy Denison
Timothy Denison answered on Apr 3, 2019

Most likely either a projected claim was not actually filed, an interest rate changed or some other payment variable was affected.

1 Answer | Asked in Bankruptcy, Family Law, Foreclosure and Personal Injury for Louisiana on
Q: Why The United State of fifth Circuit court of Appeals case#18-9296 in The United States District court for the Eastern

District of Louisiana is a federal trial court based in New Orleans Chief  Nannette Jolivette Brown appeals to fifth circuit U. S. Attorney Peter G. stressed Approved Granting motions case #18-9296 sect. S Mag 4 filed by Pro Se representatives And plaintiffs Isaac Williams Jr. And Wife Trina... Read more »

Timothy Denison
Timothy Denison answered on Mar 21, 2019

Is there a question in there?

1 Answer | Asked in Bankruptcy and Real Estate Law for Louisiana on
Q: I have several judgements, can I sell my house?

My ex-husband and I have several Judgements. We want to sell our house, can we get a clear title? Also someone told him something about reestablish money? That they can't touch the first 50k of any equity we have in the house.

Timothy Denison
Timothy Denison answered on Jan 16, 2019

You need to have the title on your house examined. If there are no liens, you can file it free and clear. If there are liens, you can sell it but the liens would be paid first.

1 Answer | Asked in Civil Litigation, Bankruptcy and Collections for Louisiana on
Q: What legal grounds do i have dealing with car repossession.I feel i have been violated under Louisiana law.

I feel that the breach of peace law was broken also other violations dealing with Louisiana code possibly could be broken my license plates was not given to me nor have I been afforded the right to to get them off of vehicle no type of notices was delivered to me in form of mail beforehand I had no... Read more »

Timothy Denison
Timothy Denison answered on Jan 7, 2019

You need to hire a local attorney familiar with collections. He can guide you through what you need to do. This is not a bankruptcy question.

1 Answer | Asked in Bankruptcy, Civil Litigation and Consumer Law for Louisiana on
Q: Good morning. I’m getting garnished for a vehicle that was repossessed and sold. How can I stop it without bankruptcy?

The truck was originally $7000 (rounded) but I’m getting garnished for $15000 (rounded). The truck has been resold. I’ve paid $8000 (rounded) so far. Can you please help I can’t afford anything with garnishment. They’re taking 25% of my pay every 2 weeks. I also have 5 kids! I feel very defeated!

Cristina M. Lipan
Cristina M. Lipan answered on Dec 26, 2018

There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: In Chapter 13 Bankruptcy plan how are the repayments made. How are payment amount determined.

Also being self employed can my income taxes statements from my pass year income be use.

Timothy Denison
Timothy Denison answered on Dec 18, 2018

It is determine on your income and the percentage of debt you are repayingz

1 Answer | Asked in Bankruptcy for Louisiana on
Q: When filing for Chapter 7 bankruptcy in Community property states, is the debt attached to the non-filing spouse?

My husband is filing for chapter 7 bankruptcy. Will his debt that was accrued after we were married become my responsibility?

Timothy Denison
Timothy Denison answered on Nov 6, 2018

Not unless you signed for it and are personally liable on the debt.

2 Answers | Asked in Divorce and Bankruptcy for Louisiana on
Q: Do I have any legal recourse to get the money from my ex for what we are paying on his mortgage?

My ex & I were divorced in 2012. At that time, we did not do any settlement of marital property. Not long after, he filed bankruptcy. He included our house as a surrender (he lived in it & was not paying). After he concluded the bankruptcy, he wanted to refinance, so I signed a paper giving him the... Read more »

Timothy Denison
Timothy Denison answered on Nov 3, 2018

You should list that claim as an asset of you estate and let your trustee pursue your ex husband. If he got a loan mod without your signature, he may have signed your name which is a crime.

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: Will I be allowed to keep my only form of transportation that's under repo if I file for bankruptcy?

The vehicle has been up for repo since around 2011 or2012.

Timothy Denison
Timothy Denison answered on Nov 2, 2018

Yes, but you will have to continue to pay for it.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: If a married couple is in Ch 13 what becomes of life ins proceeds if the spouse is the beneficiary?

Does it have to be turned over to the trustee?

Timothy Denison
Timothy Denison answered on Aug 9, 2018

No. It should be exempt and property of the beneficiary.

1 Answer | Asked in Bankruptcy and Appeals / Appellate Law for Louisiana on
Q: I just left a creditors mtg and the Trustee want to seize my teachers retirement lump sum deposited in my checking acct
Timothy Denison
Timothy Denison answered on Jul 26, 2018

You need to put that money in an ira ASAP. You also need to document where that money came from so you don’t lose it.

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