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Louisiana Bankruptcy Questions & Answers
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... View 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... View 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... View More

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Hw do i collect money from an insurance company who filed bankrupcy
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennies on the dollar. Unless you can show some fraud, the most you can do is file a Proof of Claim and pray.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I filed chapter 13, did not go to the creditors meeting and it was dismissed. Am I allowed to file again?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

Usually when a case is dismissed, it is with prejudice, barring you from refilling for 180 days. For some this maybe too long to wait, so if it has not been too long, file a Motion to reopen.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Does Louisiana have bankruptcy requirements for residency status?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

A: Generally, you are required to live in a District for a minimum of 180 days to file there. There are additional time period which apply for the use of exemptions, so although you may be able to file in your current, you maybe forced to apply the laws of your prior state. You should consult... View More

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I FILED BANKRUPTY TO THE PAY DAY LOAN PEOPLE THEY TOOK MONEY OUT MY ACCOUNT A WEEK LATER
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

This is improper. You should immediately tell your attorney. If you do not have an attorney, tell the Trustee.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can i file my unpaid taxes in a bankruptcy case to have them discharged?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

Taxes are not dischargable in a bankruptcy.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: We were in bankruptcey and our lawyer said no one but him had to show up for court and he didnt show

And our bank repossessed. We are loosing our home please help

Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

Attendance by the Debtor during a Meeting of Creditors is required. For most other matters it is not required. I would suggest you meet with a malpractice attorney and speak with your respective bar association.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I have an open chapter 13 case and my lawyer withdrew from my case how do i reduce my payments?
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. Chapter 13 is super complicated. I strongly suggest you seek new... View More

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Is there somewhere online that i can review my bankrucpty case in 2009
Andrew Bresalier
Andrew Bresalier
answered on Sep 5, 2012

Yes. Sign up for PACER. It is a Free govt service, as long as you use less than $10 in a calender quarter. Then login at the specific court's website. Cases prior to Oct 2005 must actually order a copy of their case from the National Archive. The form is available at the Court's... View More

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can I win a lawsuit if i'm in bankruptcy chapter 13?
Andrew Bresalier
Andrew Bresalier
answered on May 4, 2012

If the cause of action arose after you filed the Bky, they you can do what you wish. If it arose prior to filing then you are required to disclose it in your Schedules and if you are permitted to retain the action depends on the Trustee. If the Trustee abandoned the matter, then you can do what... View More

1 Answer | Asked in Bankruptcy for Louisiana on
Q: How is delinquent child support handled in a chapter 13?
Andrew Bresalier
Andrew Bresalier
answered on Nov 14, 2011

Domestic Support (Child Support and Alimony) are treated as a Priority Claim. They are listed on Schedule E. Arrears are paid before unsecured/nonpriority claims (i.e. medical & credit cards). Regular payments are listed on Schedule J, and are paid as usual.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: How do you hold a lawyer accountable if they did not file bankruptcy papers through the courts?
Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

Contact your respective state bar.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Enter your question here. e.g., Do I need a bankruptcy lawyer?

My house is falling in because of termites. I owe about $35,000 (or five years) on it. I have three credit cards totaling over $18,000.00, and my balance is growing rather than deceasing because they have all raised their interest rates.

Andrew Bresalier
Andrew Bresalier
answered on Dec 30, 2010

You are a natural person (vs. a buiness entity) you are permitted to represent youself in court. However, bankruptcy is a complicated area of law, involving a combination of both State and Federal materials.

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