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Louisiana Bankruptcy Questions & Answers
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.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: How long can a chapter 7 trustee hold funds taken from a settlement without disbursing it to creditors.

I was discharged in May from a chapter 7. In September, the chapter 7 trustee decided to take some property I donated to my mother that was reported in the original filling with my interest in it. My attorney recommended I convert to a 13 to pay for the property to protect it. I just found out that... Read more »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Sometimes it takes a while for disbursement. I’d wait until it comes before I did anything.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Chapter 13 and Bond for Deed in Louisiana

I have been in Chapter 13 for one year. I would like to buy a house but cannot qualify for a mortgage. I have found someone that wants to sell their home with bond for deed (I pay monthly and the deed doesn't transfer to my name until fully paid with balloon payment in 5 years - at which... Read more »

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Yes.

3 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: Do I need to make payment of not ?

My Dad & I have a joint car loan accout, I went online to make payment & it said- Account in bankruptcy you can make payment if you choose but we aren't attempting to collect a Dept. -I have paid for this car sense 2016 & want to know what I need to do moving forward or will my can... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 20, 2019

When a bankruptcy is filed the lender usually stops accepting the payments online and you must mail them in. Sometimes they will send a payment book. Check with the bankruptcy attorney who filed the case.

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: How can I stop a judement from being granted on a credit card debt that was sold to to debt collection agency without i

filing bankruptcy?

Timothy Denison
Timothy Denison answered on Nov 9, 2019

Negotiate a settlement. Dispute it. Or pay it.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: In LA. 403b=$10K. Loan for $5K. Is prot prop. NOT listed as secure debt w/no objectn. Chap 7. Aft dischrg value 5 o 10K?

Sorry for all the abbreviations above. I tried to get in the essentials as I am not sure if you see this part. I am in LA. & have a 403b worth apx 1OK. I have a loan against it for 1/2 value (5K). I am filing chap7 pro se. It IS a protected asset, but I am not sure about the loan AGAINST it.... Read more »

Clark Dray
Clark Dray answered on Nov 7, 2019

Your retirement loan isn't a debt that you would list in the bankruptcy, because it's money you owe yourself. The consequence of not paying it is that it can be treated as a taxable retirement disbursement.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: How do I find a person's/company's bankruptcy ruling?

Llewellyn and Brenda Landry or Triple T Electric Co.

Timothy Denison
Timothy Denison answered on Oct 23, 2019

Pacer.gov

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.

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