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Louisiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can Chapter 7 or 13 help me get my drivers license back through the DMV (which has flags dated from 2014-2020)?
Timothy Denison
Timothy Denison answered on May 30, 2021

Possibly, yes. It depends on why your license is flagged and the reasons for the suspensions.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Chap.7-Louisiana, stimulus $ in ck acct is exempt as long as it shows in my bank statements right?

I was told it was ok to leave the $ in my checking account and the trustee could not take it. Is this correct?

Timothy Denison
Timothy Denison answered on Apr 29, 2021

Should’ve be, yes.

2 Answers | Asked in Bankruptcy for Louisiana on
Q: Filing chapter 7 in Louisiana. I’m filing by myself not with my spouse. Everything we have is separate.

Will they ask for his bank statements being that he is not filing. He’s receiving unemployment. They did ask for pay stubs showing he received unemployment, but my question is being that he’s not filing do they normally request a non filing spouses bank statements?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 3, 2021

When one individual in a household seeks bankruptcy relief, the income of other household members is of interest to the Ch. 7 Trustee, because of the "means test", which determines eligibility to be a Ch. 7 debtor (compared to a Ch. 13 debtor). The presumption is the nonbankrupt... Read more »

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1 Answer | Asked in Bankruptcy and Tax Law for Louisiana on
Q: I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?

I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?

Eric M. Wilson
Eric M. Wilson answered on Jan 14, 2021

In the Northern District of Alabama Western Division - the Trustee does not take your EIC or Child Tax Credit

2 Answers | Asked in Bankruptcy for Louisiana on
Q: My fiancé hired a bankruptcy attorney and filled chapter 13 2 years ago in Mar h 2020 he had to convert to a chapter 7

Due to losing his job and unable to find work Due to COVID. The chapter 13 included $15,000 in irs debt and we were told everything in the chapter 13 would be included in the chapter 7, we even have emails from the attorneys legal assistant indicating they were included and the judge signed off... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 6, 2021

There's only one "kind" of Ch. 7 bankruptcy cases, and the Bankruptcy Code is a federal law, so applies equally in every state.

When a bankruptcy case is filed and the sworn Schedules are completed and filed, EVERY claim/debt must be listed, with creditor's name and...
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1 Answer | Asked in Bankruptcy for Louisiana on
Q: My fiancé filed chapter 13 bankruptcy 2 years ago and due to losing his job and unable to find work due to COVID in Ma

March 2020 had to convert to chapter 7. Included in the chapter 13 was $15,000 of irs debt due to taxes on wages earned in 2015 and 2017, when the 13 was converted to chapter 7 we were told everything in the chapter 13 would be included in the chapter 7 he even has emails from the attorneys legal... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jan 6, 2021

It's because taxes are generally non dischargeable, meaning it survives the bankruptcy case. When a case is converted to chapter 7, the same debts remain in the case. The IRS not receiving notice of the discharge is irrelevant, because you could always send them a copy after (and this is sent... Read more »

2 Answers | Asked in Bankruptcy for Louisiana on
Q: Can I cancel a reaffirmation for a car that has a co-signer on it, without the cosigner being affected?

My re-affirmation for my vehicle was approved in my chapter 7 bankruptcy. When I purchased the car, my dad co-signed for me. My car now needs repairs that are too expensive given the value of the car. I want to cancel the reaffirmation and turn over the car and purchase a new car. What happens... Read more »

Timothy Denison
Timothy Denison answered on Dec 29, 2020

No. The co-signer will still be held to answer for the deficiency if you cancel the traffic.

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: Can you file bankruptcy more than once
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 16, 2020

Yes, you can file for bankruptcy more than once in your life, but it’s a matter of timing.

Section 109 of the Bankruptcy Code provides-

(g)Notwithstanding any other provision of this section, no individual or family farmer may be a debtor under this title who has been a debtor in...
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1 Answer | Asked in Bankruptcy for Louisiana on
Q: I was in chapter 13 for 3 yrs. Now going to a 7. Car is 2006 and not running right now. Will they come get my car.

I want to get the title in case I get the car running again so I can trade it in or sell it

Timothy Denison
Timothy Denison answered on Oct 5, 2020

No. They cannot. However, Louisiana is a lien state which means the lender keeps the title til the car is paid off so you are out of luck until you pay off the car.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Hi. Can I still become a Notary in Louisiana if I file for bankruptcy?

I’m currently studying for the exam but may have to file for bankruptcy soon. Will this affect my future intentions of becoming a Notary Public in the state of Louisiana? Can this be used against me?

Timothy Denison
Timothy Denison answered on Sep 26, 2020

It should not affect you becoming a notary.

2 Answers | Asked in Bankruptcy for Louisiana on
Q: i am in chapter 13, my vehicle is free and clear, it is totaled. do i need to notify trustee. can i purchase another
David Luther Woodward
David Luther Woodward answered on Aug 18, 2020

Sure you can. I am sure you had it insured as required by law, so have at it. You should notify the trustee because you may need to finance the purchase to some greater or lesser extent

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can process server go into a person's place of employment and leave unpackaged lawsuit papers with boss?
Timothy Denison
Timothy Denison answered on Aug 17, 2020

Yes. It’s not good service, but there’s no law against leaving it for notice purposes.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I filed Chapter 13 , I included a car in the bankruptcy, I am wanting to sell it, can i sell it for more than its worth?

if i do sell it for more than its worth do i get to keep the rest?

Timothy Denison
Timothy Denison answered on Aug 15, 2020

Yes, but you have to get the trustees permission first.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can I file a Chapter 7 to attain my official college transcript against DOJ collections?

I have no income, no credit and I have never submitted a tax return. My first semester at LSU resulted in misapplication of my federal aid which resulted in a tuition balance over $8,000. Would this qualify for Chapter 7?

Timothy Denison
Timothy Denison answered on Jul 23, 2020

Yes.

2 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: I need to file bankruptcy. I hear that if I fall under a certain income that I can get free or at least financial Help??

I live in Winnfield, LA 71483, need an bankruptcy Attorney in the Alexandria, Louisiana area that can maybe help me with this. Could you maybe help steer me in the right direction??

Timothy Denison
Timothy Denison answered on Jun 7, 2020

Check with your local bar association or legal aid society. They maintain lists of lawyers who handle cases for reduced fees or pro bono (free).

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: When you are discharged from bankruptcy and are buying a car what form do you need to give a dealership.

Not just discharge papers the form the dealership has to fill out.

Timothy Denison
Timothy Denison answered on May 25, 2020

A copy of your petition and a copy of your discharge.

2 Answers | Asked in Bankruptcy for Louisiana on
Q: Can I keep my stimulus if I've been in Ch. 13 bankruptcy since Oct. '18? Do I need to take action to keep it?

Chapter 13 since October 2018, making payments on time. Trustee handles payments online and I'm wondering if I need to take any action to keep my stimulus check which has been scheduled to arrive soon. I would rather keep it for essentials versus losing the whole thing to my case/trustee.... Read more »

Timothy Denison
Timothy Denison answered on Apr 18, 2020

Yes. You can keep it.

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: I am in Louisiana. My wife and I filed chapter 13 in 2016 and plan ends in October. Do we get to keep the stimulus?
Timothy Denison
Timothy Denison answered on Apr 10, 2020

As long as you meet all the requirements, yes.

1 Answer | Asked in Real Estate Law, Bankruptcy and Divorce for Louisiana on
Q: Property Settlement

Divorced for about 3 years, settlement not included with divorce, house acquired during marriage. I have been solely paying for the house and all related upkeep. How can I get the ex off the title? He already said he won't sign a quit claim. I don't have the money to sue him over this and... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Go back into the divorce case and ask the judge to remove him. The real question is why the settlement was not included in the divorce bc that is where all these type issues are handled.

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