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Louisiana Bankruptcy Questions & Answers
3 Answers | Asked in Consumer Law, Bankruptcy and Contracts for Louisiana on
Q: Can I sue credit acceptance?

I was convinced to buy a car a couple years back at a dealership through credit acceptance I had just turned 18. I was paying almost 600 a month and they charged me 20,000 for a used 2014 ford focus. It broke down after a month and I was told to bring it to a ford dealership to get it fixed so I... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

You may have grounds to dispute the actions taken by Credit Acceptance, especially if you believe there was any misrepresentation or fraud involved in the sale and financing of the car. The viability of a lawsuit against Credit Acceptance would depend on the specific terms of your contract, the... View More

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3 Answers | Asked in Consumer Law, Bankruptcy and Contracts for Louisiana on
Q: Can I sue credit acceptance?

I was convinced to buy a car a couple years back at a dealership through credit acceptance I had just turned 18. I was paying almost 600 a month and they charged me 20,000 for a used 2014 ford focus. It broke down after a month and I was told to bring it to a ford dealership to get it fixed so I... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

If they have filed a lawsuit against you, you can defend the lawsuit and raise all those issues as a defense but it will be a long and expensive fight that you are unlikely to win. Unfortunately, you are dealing with a bully who has the ability to crush you. However, once they get a judgment... View More

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3 Answers | Asked in Bankruptcy, Business Law, Collections and Consumer Law for Louisiana on
Q: Hello, I’ve paid a debt collector last year through a 3rd party collection agency. Now another agency ask for payment.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 24, 2023

You don't ask a question here, just offer up a few facts.

Apparently, however, you are having debt issues. Imho, you have chosen the most expensive way to deal with those debts.

I strongly advise you to consult with a professional about your entire debt/asset/income...
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2 Answers | Asked in Bankruptcy and Civil Litigation for Louisiana on
Q: Went to court on an unpaid debt. Creditor was granted judgement. I called the creditor to set up payment plan and they w

will not set up payment plan. I have made several offers of monthly amounts that I can pay but they will not accept. When in court the judge told me to call and set up payment plan but now that's not happening. What should I do?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

Did you call the actual creditor or did you call the attorney for the creditor. If oyu called the actual creditor, then I would contact the attorney for the creditor and make the same request----usually they will either discuss your request and pass it on to the creditor, or they will provide you... View More

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: I am a co-signer on a vehicle. If I file bankruptcy will it affect the owner of the vehicle.

Thank you

Kellie

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 21, 2023

If you file for Chapter 13 relief, there is a "co-debtor stay" that takes effect when the Petition is filed with the bankruptcy court, which pertains to claims that are "dealt with" by the Plan.

If you file for Ch. 7 relief, there is no co-debtor stay, and the vehicle...
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3 Answers | Asked in Divorce, Foreclosure and Bankruptcy for Louisiana on
Q: My home is in foreclosure and up for sheriff sale soon. My ex and I recently divorced with no property settlement and

He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 19, 2022

When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... View More

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2 Answers | Asked in Bankruptcy and Divorce for Louisiana on
Q: In bankruptcy (federal taxes, home & credit cards) with spouse. I’m wanting to separate/divorce. What are my options?

What are drawbacks of separating/divorce?

Timothy Denison
Timothy Denison
answered on Feb 27, 2022

None. Finish the bankruptcy, then file for divorce.

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: What does a motion to lift stay and for abandonment mean in a chapter 7 bankruptcy mean.
Matthew M. McArthur
Matthew M. McArthur
answered on Jan 3, 2022

Generally speaking, when a bankruptcy case is filed, a protection called the automatic stay goes into place that prevents creditors from trying to collect against the person that filed bankruptcy (i.e., the "Debtor") or against their property. Usually when a motion to lift stay is filed,... View More

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: What does a motion to lift stay and for abandonment mean in a bankruptcy. I filed a chapter 7 but excluded my home mort,
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 1, 2022

The Bankruptcy Code, and the several Schedules of assets and debts, signed under penalty of perjury, do NOT permit you to "exclude" any debt or claim, or any asset. If you failed to mention your home mortgage indebtedness, amend your bankruptcy Schedules as soon as possible.

At...
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3 Answers | Asked in Bankruptcy for Louisiana on
Q: I'm unable to make payment on a chapter 13 bankruptcy. What can happen?

I've had multiple strokes and am now immobile. My only income is SSA. Can my bankruptcy payment be reduced?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 2, 2021

Yes, your plan payment can be adjusted even after your plan has been confirmed.

Your bankruptcy lawyer should be consulted, and should do the modification for you without further charge.

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3 Answers | Asked in Divorce, Bankruptcy and Real Estate Law for Louisiana on
Q: IF MARRIED IN ARKANSAS , WHAT STATE SHOULD I FILE FOR DIVORCE? TEXAS? MISSOURI? LOUISIANA? ARKANSAS? PLEASE SEE DETAILS.

1. being as the home and land, under my name in Missouri was purchased BEFORE we married,

2. WE OWN a mobile home IN TEXAS with no land under her name bought AFTER we were married that WAS OUR MAIN RESIDENCE,

3. and a RV PURCHASED AFTER MARRAGE in Louisiana ?

Also... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Nov 8, 2021

If Louisiana is your permanent address, and you have no plans to move in the immediate future, you can file in Louisiana. I would defer to someone who is familiar with the divorce laws of the other states to say if you can file in one of the other states.

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2 Answers | Asked in Bankruptcy and Divorce for Louisiana on
Q: what state SHOULD I SEARCH FOR a divorce and bankruptcy lawyer, if i have property in MISSOURI AND TEXAS?

I LIVE IN LOUISIANA, MY SOON TO BE EX WIFE LIVES TEXAS AND SOMETIMES IN MISSOURI. WE HAVE PROPERTY IN BOTH STATES . ALSO, I WAS NEEDING TO KNOW WHICH ISSUE NEEDS TO BE HANDLED FIRST ? I NEED TO FIND A LAWYER WHO HANDLLES BANKRUPTCY, COMMUNITY PROPERTY AND DIVORCE OVER MULTIPLE STATES. HOW... View More

Timothy Denison
Timothy Denison
answered on Oct 15, 2021

Louisiana and you file first.

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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.
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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... View 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
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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... View More

W. J. Winterstein Jr.
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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... View 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... View 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... View 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.
PREMIUM
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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