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Louisiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Louisiana on
Q: bankruptcy saysninth circuit cases .cases by type of lawsuit 2018 as18-10230

well i would think if this is true i have a very big problem with the trustee andmy lawyer.Ie

would just like answers because i never hear from an one.i filed mid April and still no word .help olease

Timothy Denison
Timothy Denison answered on Jul 16, 2018

What is your question?

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Thinking about filling chapter 7. My name is on 4 checking ACCTS.

My name is on a joint acct with my husband.

Timothy Denison
Timothy Denison answered on May 31, 2018

They could although you have exemptions that should protect those accounts from seizure unless there is just a ton of money in those accounts.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can a company still collect on a debt after bankruptcy?

I have a case where a judgment was filed prior to the bankruptcy. The creditor was informed but the judgment remains. Every time I try to do anything there is the judgment. Can I sue them for that? This debt was discharged. It was sold to a debt collector but the collector is not letting go of the... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Dec 18, 2017

Some debts do not get discharged in the bankruptcy, this might be the case. I cannot tell whether this is the case here without more details.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy and Child Support for Louisiana on
Q: Why would I receive this letter about my child's father filing bankruptcy when he owes me child support and that's it?
Cristina M. Lipan
Cristina M. Lipan answered on Nov 29, 2017

The child support payments are probably debts that he listed on his bankruptcy schedules, and everyone listed on the schedules received notice. I assume this is the notice you're referring to, but I can't know for sure unless I look at the document you're referring to. If this is the... Read more »

2 Answers | Asked in Bankruptcy, Family Law and Child Support for Louisiana on
Q: My child's father is filing for bankruptcy and he owes me back pay can he bankrupt on his child support?

I got a letter in the mail about his bankruptcy and I don't understand why I got it?

Stuart Nachbar
Stuart Nachbar answered on Nov 27, 2017

As long as child support or domestic support obligations, not usually dischargeable.

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: If I put my car in bankruptcy will I have to get a tracking device installed on it?
David Earl Phillips
David Earl Phillips answered on Jul 7, 2017

I have never heard of the bankruptcy court or trustee installing tracking devices on vehicles. You could have issues with creditors who have a lien on the car. Talk with a bankruptcy lawyer near you and they can get more information from you necessary to answer your question. Hope it works out.... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: What do I need to do to file bankruptcy
Ray Choudhry
Ray Choudhry answered on May 4, 2017

There is a lot involved in doing a bankruptcy properly.

A lot of information has to be properly reported.

If not done properly, you could lose assets by not properly exempting them.

Also, creditors have to be properly listed so they don't come back years later.

See an attorney.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: In LA chapter 13 how long does creditors have to file proof of claim
Nels Hansen
Nels Hansen answered on Jan 23, 2017

Creditors have 90 days from the date set for the 341 meeting of creditors. The deadline for a specific case can be found on Official Form 309I Notice of Chapter 13 Bankruptcy Case that is sent to all scheduled creditors.

If you do not file a proof of claim by the deadline, you might not be...
Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Louisiana on
Q: I am not the seller I am the buyer.

I purchased the property Jan. 2006 and the owner filed Chp. 7 Apr. 2006. I didn't know he had done this until a week ago. I had been to Capital One several times to get info for 1098's and they told me couldn't give to me because my name was no where on the paperwork. I read that... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 31, 2016

I am not sure what you are asking. I am not aware of any requirement that a mortgage company guarantee release of a mortgage (especially if it's not paid off) on a bond for deed contract. You can certainly agree to assume a mortgage under a bond for deed and it's part of the... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can the Seller in a Bond for Deed file Chapter 7 within 3 months of agreement?

I understood that the Mortgage Company had to sign of for the Bond for Deed. To my knowledge that did not happen due to the fact the Mortgage company wouldn't give me my 1098 for taxes. They told me my name was not on the loan which I knew. When I finish paying the loan off will it become... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 31, 2016

How did you manage to "sell" property on a bond for deed contract that you do not own. Aside from those problems, let's assume you are the legitimate seller on a bond for deed contract. If you file Chapter 7, the trustee would likely be very interested in seizing that asset and... Read more »

1 Answer | Asked in Foreclosure and Bankruptcy for Louisiana on
Q: what are the laws on fileing bankrupcy after foreclosure pprocedures have started
Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 19, 2016

You must file your bankruptcy before the sheriff's sale if you are trying to save your home. Louisiana does not really have a right of redemption once the house is sold at sheriff's sale (it exists but only if the bank is the purchaser and there are some unusual additional... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: If I file bankruptcy pro se, can creditors still contact me about debts? If so, what can they inquire about?
Samuel John Ford
Samuel John Ford answered on Feb 29, 2016

Once you file bankruptcy and you have served notice of the bankruptcy on your creditors, they should not contact you outside of the bankruptcy proceedings to collect the debt. The bankruptcy creates an "automatic stay" that should protect you from collection activity. Continued collection... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: We are considering bankruptcy but are concerned about our home.

We own an old home and started buying a double wide. Old home was used in our loan as part of down payment. Will they take one of our homes and how do we keep that from happening?

Kevin W. Chern Esq.
Kevin W. Chern Esq. answered on Sep 14, 2015

Although only one residence is protected by the homestead exemption in bankruptcy (in Louisiana, the one you occupy, up to $35,000 in equity), that doesn't necessarily mean losing one property. One situation in which the secondary property might be retained would be if there were little or no... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can i file bankrupcy if i own my homw?
Christopher Kern
Christopher Kern answered on Aug 24, 2015

Generally, ownership of real estate will not affect your right to file a bankruptcy. Often, debtors file Chapter 13 in order to catch up payments when they are behind on a mortgage. Often debtors file Chapter 7 to discharge debt but "reaffirm" a mortgage debt, that is, reinstate it and... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I receive a letter stating pursuant la. Code of civil procedure art. 2412 a garnishment petition was filed meaning pleas

credit card debt.

Robert Jason De Groot
Robert Jason De Groot answered on Aug 11, 2015

Go see a lawyer about bankruptcy. There might also be defenses to the garnishment that you should discuss. The question is confusing and you did not give enough facts.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Do I need an attorney

Hi! I filed chapter 13 18 months ago. My car is still being paid through the auto finance company and not the trustee. I am wanting to pay off my car by trading it in to get something a little cheaper. The new car will be in my fiances name, not mine. I called the auto finance company... Read more »

Robert Gambrell
Robert Gambrell answered on May 28, 2015

If you payoff an auto, even one that is being paid outside the plan, then the trustee may move to have your plan payment increased as it would appear that you have additional disposable income. Thus, you may need to show why you will not have by amending I & J. The trustee will probably also... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Do i need a bankruptcy lawyer? available thru legal aide? what do i need to do now?
Andrew Bresalier
Andrew Bresalier answered on Jan 29, 2014

If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: If a man and a woman divorce and they both have a joint signature loan. Can he claim bankrupt without informing her.???
Andrew Bresalier
Andrew Bresalier answered on Jan 29, 2014

A: No advance notice is legally required, but you will receive notice from the Court, per your status as a Co-Debtor.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: If my ex husband files bankruptcy and the house is in his name will they take the house from me?

My name is on the title but not the mortgage. Since the house is not his primary residence and he does not plan on reaffirming the dept will they take the house and who will technically own the house? Will they come to me to make the payments even though I am not on the mortgage but I have made the... Read more »

Andrew Bresalier
Andrew Bresalier answered on Jan 29, 2014

As long as payments are current, they will usually not foreclosure. I would suggest you speak with your family law attorney so you can be advise of your former spouses duties, it any.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Private student loans and bankruptcy

If filing chapter 13 bankruptcy,can I include private student loans in Louisiana. I'm a teacher and owe 80K in private student loans. My payments are 893.00. This is a burden every month. My mom cosigned and everytime I'm late it's affecting her credit. If I file chapter 13 will... Read more »

Andrew Bresalier
Andrew Bresalier answered on Jan 29, 2014

A: Student loans, regardless of the source are generally not dischargeable in bankruptcy. There are rare circumstances when then can be discharged in bankruptcy, but it involves the filing of an expensive secondary action involving issues which can be more affordably addressed with most lenders... Read more »

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