Louisiana Bankruptcy Legal Questions

This depends on what you mean by "complete".   The distribution of assets in a Chapter 7 shouldn't affect you at all, assuming you already received your discharge. It can take several years for a trustee to fully administer a case and get it closed.  It really depends on the circumstances and procedures of your court. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

The answer to your question depends on a lot of things: (1) the credit card company; (2) the law firm; (3) the type of agreement; (4) how old the debt is, etc. For instance if the debt is about to go "out-of-statute" or "prescribe" it might not make sense to pay them now, because you will reset that time clock. On the other hand, depending on how reputable the law firm is and how fair they tend to be, this may be the most economical way to resolve the problem.... Read Answer

I'm not sure which estate you are referring to.  If the tort claim existed before you filed your Chapter 7 case, then it is an asset of your bankruptcy estate.  The "estate" is formed when you file your bankruptcy and consists of any and all assets and property that you (the debtor) has an interest in on the date the case is filed.  This includes future rights to claims that exist in lawsuits, such as your tort claim. For the full definition of "property of the estate" under 11 U.S.C. 541, click here. The Trustee of the bankruptcy becomes the owner of all assets in the estate unless and until he/she decides not to sell a given asset.  If you exempted the asset under applicable law, then the Trustee would simply give it back to you upon closing of your case.    Once your case is closed, any assets the Trustee has not administered revert back to you.   In this case, since your case was reopened because of this asset, whether and to what extent you can protect it depends on what exemptions you have available that you haven't already used on other assets. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr  ... Read Answer

As a cosigner, you are liable for any deficiency. The rules vary from state to state on whether the primary borrower must be pursued first. But, at a minimum, if you are sued for the deficiency on the loan, you may bring a claim against the primary borrower for indemnity. This should be done as soon as suit is filed in order to most appropriately protect your rights.... Read Answer

In Louisiana, you need to first file a motion for preliminary default. Wait the appropriate amount of time and then file for a confirmation of default. If the amount requested is high, the judge will likely set a hearing for you to prove your case before he or she issues such a large reward. This is not simply a rubber stamp process. You must actually put on evidence that the Defendant should both be held liable and have the damages you are requesting assessed against him or her.... Read Answer

Nothing will happen to the property or the heirs in a Chapter 13 case.  But the value of the 3% interest will factor in to how much has to be paid out through the Chapter 13 plan.  Depending on what exemptions are available in your case, there might be some risk if the case were converted to a Chapter 7. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read Answer

In Louisiana, there are two potential time periods that apply. For "open accounts" the prescriptive period is three years. An open account is a revolving account used to obtain goods and services - usually a credit card. For contracts, the prescriptive period is ten years. Now, if you have not been billed for 22 years, and you or your father have not made a payment in over 10 years, it seems unlikely they can do anything from a legal standpoint. They likely will need a power of attorney before they discuss your father's debt with you. Further, there are certain actions you will want to take to prevent this company from harassing you.... Read Answer

Your question raises several important issues: (1) Your ex-husband hit you ? Louisiana has some great remedies within the civil litigation arena for these types of events. A Louisiana attorney can fight on your behalf to get you a protective order. A civil protective order has many of the benefits of a criminal order except a criminal prosecution is not initiated and a civil court can offer certain types of relief (including monetary) that a criminal order cannot. (2) Your ex-husband may be harassing your father ? your father may also have civil and criminal remedies. A Louisiana attorney can initiate a civil action against your ex-husband on your father?s behalf. Sometimes, things do not need to go this far. A demand letter from an attorney may cause your ex-husband to leave your father alone. (3) Your ex-husband?s wife may be harassing you ? you may have a civil action against her. This would need to be reviewed in-depth. But, you should probably not communicate with her for any reason until this issue is resolved. (4) What can you do about garnishments ? you can ask that garnishments be stopped, but this is probably your best way to get child support regularly. A Louisiana attorney can review your options with you. The best course for you may be to contact an attorney for a consultation. Many, including us, will meet with you for free.... Read Answer

A copy of the notice of the bankruptcy filing should be sent to the judgment creditor with a demand that they obtain the dismissal of the warrant as a violation of the automatic stay.  Send a copy to the court that issued the warrant.  Make sure to have the case names and numbers for both the civil case and the bankruptcy case on your cover letters.... Read Answer

"What are my rights" is simply vague of a question, please be more specific as to what you're asking. In this case your wife seems to be filing chapter 7 bankruptcy and will be discharged from owing anything on the mortgage. Once she has completed filing chapter 7 bankruptcy, anything still owed on the mortgage in question will fall completely on your shoulders. If in your divorce decree, your wife was supposed to pay the mortgage as you stated, and failed to discharge her divorce obligations under chapter 7 bankruptcy, you could possibly have legal grounds to sue her based on this. I would certainly wait until her chapter 7 discharge had happened prior to filing any lawsuit against her, as long as the statute of limitations is not in question. If you cannot afford the $36,000 difference between what is owed and the short sale price, it is always your right to file chapter 7 bankruptcy or chapter 13 bankruptcy, depending on your particular financial situation. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

You file bankruptcy by either hiring an attorney, or preparing and filing the bankruptcy petition and schedules yourself.  As for what assets you can or can't keep, that depends on which chapter you file, the value of your assets and the amount of exemptions you have available under applicable law to protect those assets. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. For more information on exemptions, see http://www.bklaw.com/exemptions.html Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

I believe you meant to ask if pay day loans are dischargeable in a bankruptcy case.  The answer is generally yes, unless they were incurred through fraud. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

There isn't enough information to answer your question.  What chapter of bankruptcy did you file?  Did you receive a discharge (you say it was "finalized" but I have no idea what that means)?  What exactly is Wells Fargo suing you for?  Is this a deficiency on the mortgage after sale?   If the mortgage was listed in your bankruptcy case and you received a discharge, then they should not be able to sue you for any deficiency, although they can certainly sue to foreclose on the property if you're not making the required payments (I have no idea what the foreclosure process is in Louisiana). If the are in fact trying to collect on a discharged debt rather than merely foreclosing, then you need to contact your bankruptcy attorney (or find a new one) and have them reopen your bankruptcy case to seek contempt sanctions against Wells Fargo for violating the post discharge injunction of 11 U.S.C. 524. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

The way you phrase your question, it is difficult to answer.  Filing bankruptcy will at least temporarily stop a tax levy.  The real issue is whether the underlying tax is dischargeable and, if so, what assets you have on the date your case is filed that are subject to the tax lien.  It also depends on the type of tax involved.  I am going to assume for the sake of brevity that you are referring to income taxes owed either to the IRS or your state taxing agency.   Other types of taxes, such as excise taxes, property taxes, etc. may be treated differently. Income taxes are dischargeable if all of the following prerequisites are met as of the date your bankruptcy case is filed: (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days. Tax liens survive the bankruptcy discharge and attach to whatever assets you have on the date your bankruptcy case was filed (in the case of the IRS; state tax liens usually only attach to real estate).   Depending on the value of your assets, you can usually get the IRS to release their lien after a discharge is entered.  If you have a large amount of assets, you may be required to make some payment to the IRS to release the lien.  Whether it is prudent to do that really depends on what assets you have (for example, if it's all items you never intend to sell, such as clothing, etc.) then the lien isn't going to affect you much anyway. It is critical to consult with a knowledgeable bankruptcy attorney in your area to properly assess your situation and advise you accordingly. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read Answer

Any funds that are left over, for example there are often unclaimed dividends, due to people moving, checks getting lost, etc., are paid into the local bankruptcy court's registry and held there.  The registry is searchable, and often people are reunited with unpaid money years later.  At some point, the funds escheat to the government.... Read Answer

Yes, you can voluntarily dismiss a Chapter 13 at any time in most cases.   It does require court approval, but unless you filed the Chapter 13 or conducted yourself in bad faith during the case, there shouldn't be an issue with dismissal. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ Follow Me on Twitter:  @bklawr ... Read Answer

Yes, bankruptcy also covers medical bills. Many people file for bankruptcy who have experienced an expensive medical condition when they had no medical insurance. Hospital and doctor bills can run into the tens of thousands of dollars. Bankruptcy will generally eliminate those medical bills so that you can have a fresh financial start. Terry Duncan Charlotte, NC Bankruptcy Lawyer... Read Answer