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Louisiana Bankruptcy Questions & Answers
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,... Read 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.
PREMIUM
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.
PREMIUM
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... Read 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... Read 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.
PREMIUM
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.
PREMIUM
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...
Read more »

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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.
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...
Read more »

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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.

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