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April 22nd, 2009
April 21st, 2009
Will you be able to keep your car if you file for bankruptcy in Louisiana? In most cases, the answer is yes! First, in any bankruptcy proceeding, the debtor can keep the items of property that he owns that are “exempt” from seizure. Louisiana has its own set of exemptions as do many other states. Under the Louisiana exemptions, a vehicle that is used for transportation for employment is exempt up to a value of $7,500.00. So what if the car is worth more than $7,500.00 or if I own more than one car? What will happen? The answer will depend on the value of the car and also on whether there is a collateral mortgage (lien) on the car. If a car is of little value, the trustee may not believe that it is worth the trouble to seize the car and sell it. So if the car is an older, high mileage car, the trustee may find that it is “not worthy of administration”. Also, if a car already has a mortgage on it, then the car will usually not be of any value to your unsecured creditors, since the car is often worth less than is owed on it. This is often referred to as the vehicle being “encumbered beyond its value”. You should meet with an experienced bankruptcy attorney to discuss the treatment of your vehicles. The type of documentation needed by a first time applicant to get a Louisiana driver’s license will depend upon whether the applicant is a new driver or is already licensed in another state. A first time applicant over the age of 18 will need to bring the following documentation:
Out-of-state applicants for a Louisiana driver’s license must provide all of the following:
Primary Documents include any of the following documents:
The Louisiana Department of Motor Vehicles lists 38 different types of Secondary Documents. I have listed the top five here:
For additional information regarding the requirements to obtain a Louisiana driver’s license, please visist the Louisiana Office of Motor Vehicles. A Chapter 13 Bankruptcy is generally used by a debtor who is behind on payment of a secured debt such as a mortgage or a car note. The debtor using a Chapter 7 bankruptcy creates a payment plan to catch up on the past due debt. A Chapter 13 bankruptcy is also sometimes referred to as a “Wage Earner” bankruptcy since the debtor has to propose a plan of how he will use his income to pay the past due amount (also called an arrearage). Without a source of income a Chapter 13 bankruptcy plan cannot succeed. The debtor in a Chapter 13 bankruptcy must show he has enough money to keep the secured debt current and at the same time provide for payment of the arrearages on the secured debt. Depending upon the amount of income the debtor has, he may also be required to pay some or all of the debt that he also owes to his unsecured creditors. A Chapter 13 bankruptcy will usually take 36 to 60 months to complete. If the Chapter 13 bankruptcy is successfully completed, the debtor receives a discharge of his debts. Before Congress change the bankruptcy code with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) it was rare that a debtor would file for a Chapter 13 bankruptcy unless he was at risk of losing a house to foreclosure or a car to repossession to file for a bankruptcy. With the enactment of BAPCPA a small percentage of people with income above the median income for their are now required to file a Chapter 13 bankruptcy. As with a Chapter 7 bankruptcy, certain debts, such as taxes and court ordered child support obligations cannot be discharged in bankruptcy. The decision to file for bankruptcy and the type of bankruptcy to file are important decisions. You will want to hire an experienced bankruptcy attorney to assist you in making this decision. A Chapter 7 Bankruptcy allows a debtor to get rid of most of their debts. A Chapter 7 bankruptcy is also sometimes referred to as a “Fresh Start” bankruptcy since the debtor receives a discharge of his unsecured debts such as credit card bills, medical bills and any other debt that is not secured by a mortgage or collateral mortgage. The Chapter 7 bankruptcy debtor is also given the option of continuing to pay on his secured debt (such as a home loan) if he is current on the debt, or he can surrender the property and be relieved of further obligation on the debt. As a result, a Chapter 7 debtor can keep a house or car that is secured by a mortgage. However, certain debts, such as taxes are cannot be discharged in bankruptcy. The decision to file for bankruptcy and the type of bankruptcy to file are important decisions. You will want to hire an experienced bankruptcy attorney to assist you in making this decision. Do I need a will? I am asked this question many times a month. For most people living in Louisiana the answer is yes. The laws of Forced Heirship have been changed to allow more flexibility in determining how you dispose of your property at the time of your death. |
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