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New Orleans Bankruptcy Lawyer Case Study: Resolving IRS Debt with Chapter 13

A couple from Plaquemines Parish came into discuss bankruptcy related options to tackle their general debt issues which included past due child support and IRS tax obligations. As well, they were trying to hold onto a vehicle that they had fallen behind on. Ultimately, while we discussed chapter 7 bankruptcy options, since they would in all likelihood lose the vehicle they were trying to keep because they cannot catch up on it before the filing, we delved more deeply into a chapter 13 bankruptcy resolution.

New Orleans Bankruptcy Attorney Case Study: Stopping Harassing Creditor Collection Phone Calls

A married couple in their early 40s came in for their free consultation to see if there was any way force their creditors to stop harassing them. The household consisted of the two of them along with their two school-age children. They had a little over $40,000 in credit card bills and signature loans. Both were recently unemployed and had no way to make regular monthly payments on the debt. Even though they had advised their creditors of their financial position, the creditors were pursuing them ruthlessly. We looked at options for controlling the creditors through bankruptcy.

New Orleans Bankruptcy Lawyer Case Study: Stopping a Garnishment

Early 30s single female with one child, who lives in Westwego, Louisiana, was being garnished by a credit card judgment creditor. She owns a $7000 vehicle that we will be able to protect by utilizing the appropriate Louisiana exemptions from seizure. In addition to the $10,000 owed to the judgment creditor, she is approximately 10,000 more to other general unsecured creditors consisting of credit cards, medical bills and unsecured loans. When she came in for her free consultation, 25% of her take-home pay was being garnished by the credit card judgment creditor.

The Differences Between the 3 Most Common Types of Bankruptcy

There are six different chapters of bankruptcy written into United States bankruptcy law. Each chapter has advantages and disadvantages. You should conduct research and hire an experienced bankruptcy professional, like those at Kirkpatrick & Associates, to help you determine which type of filing is right for you. If you are exploring your bankruptcy options, you might be looking for some general information regarding the most common types. We offer help for Chapter 7, 11, and 13.

 

New Orleans Bankruptcy Lawyer Case Study: Stopping Creditor Collections with Chapter 7 in New Orleans, Louisiana

Late 40s divorced male attended the consult to consider bankruptcy related options to control his overwhelming debt. His primary debt stemmed from a home foreclosure deficiency balance. Another words, when his home was foreclosed on, he owed approximately $100,000 but the property only sold for $60,000 at Sheriff sale. Accordingly, the creditor was pursuing him for the $40,000 difference plus interest and cost. As well, he has a proximally $20,000 in credit card debt and a couple thousand dollars in tax liabilities. Finally he has a car note that he is current on.

New Orleans Bankruptcy Attorney Case Study: Saving an 18 Wheeler with Chapter 13 in New Orleans, Louisiana

Late 30s male with two children who resides in New Orleans, Louisiana came in in order to find out what bankruptcy related options may be available to help him save his 18 Wheeler that he uses as his sole means of income. In addition to the 18 Wheeler he has some federal and state tax liabilities along with several thousand dollars of credit card debt. Because he is behind on his 18 Wheeler, the filing of a chapter 7 would in all likelihood result in the loss of the 18 Wheeler back to the creditor.

New Orleans Bankruptcy Lawyer Case Study: Surrendering an Underwater House with Chapter 7 in Kenner, Louisiana

Husband and wife in mid-50s living in Kenner, Louisiana came in to look at bankruptcy related options in connection with the pending foreclosure/Sheriff sale scheduled to take place within approximately one week. We initially looked at efforts to save the home through a chapter 13 bankruptcy. It's possible to restructure the mortgage arrearages through a chapter 13 plan payment and spread the arrearage out over a 60 month repayment plan.

New Orleans Bankruptcy Attorney Case Study: Stopping a Lawsuit with Chapter 7 in New Orleans, Louisiana

Early 30s female with two young children who reside in New Orleans, Louisiana came in as result of having received a lawsuit from a creditor that was suing her for a deficiency balance from a car loan. The car had been repossessed and sold at auction for less than the entire amount owed. As a result, she still owed the amount not covered by the creditor in the auction. Since the earlier repossession, she had obtained a new vehicle and had remained current on that car note.

New Orleans Bankruptcy Lawyer Case Study: Stopping a Lawsuit with Chapter 13 in Chalmette, Louisiana

Mid 40s single female who resides in Chalmette Louisiana, St. Bernard P came in to the office for a bankruptcy consultation after receiving a lawsuit for $16,000. She does not own any real estate but does on a vehicle with a car note of approximately $11,000. In addition, she owes several thousand dollars of general unsecured debt (credit cards and medical bills and IRS obligations of approximately $6000 along with Louisiana tax obligations of $1000. She has filed a chapter 7 bankruptcy within the last eight years which precludes the filing of another chapter 7 bankruptcy at this time.

New Orleans Bankruptcy Attorney Case Study: Stopping a Garnishment with Chapter 13 in Metairie, Louisiana

Mid 30's mother of one who lives in Metairie, Jefferson Parish Louisiana came in for a bankruptcy consultation after receiving a notice of wage garnishment. She is currently paying on her home and is current on the first mortgage but approximately one year behind on the second mortgage. She has approximately $30,000 of dischargeable unsecured debt (medical bills credit cards etc.) and $5000 of IRS taxes. As well, she has almost $100,000 in student loans. She owns her vehicle outright with a value well above the amount able to protect through the exemption under Louisiana law.

New Orleans Bankruptcy Lawyer Case Study: Keeping a Car with Chapter 7 Terrytown, Louisiana

Early 40's female with single child has a full-time job and part-time job but is experiencing difficulties making ends meet. She lives in Terrytown, Louisiana.  She has a secured vehicle loan that she is able to keep current but fears that a pending garnishment will result in her falling behind on her vehicle and ultimate loss of her transportation to and from work. She owes approximately $10,000 of dischargeable unsecured debt. The unsecured debt is made up primarily of medical bills and pay day loans.

New Orleans Bankruptcy Attorney Case Study: Stopping Foreclosure/Sheriff Sale with Chapter 7 in New Orleans, Louisiana

Early 70s male has a home that has a pending Foreclosure/Sheriff Sale in New Orleans, Louisiana came in to the Gretna, Louisiana office to look at bankruptcy options.. He has tried to modify the loan several times but the mortgage company has refused to qualify him. Accordingly, today is approximately 3 years behind with the mortgage. He has limited income, retirement and Social Security benefits.  He also has approximately $30,000 of unsecured debt and a vehicle loan that is up-to-date.

New Orleans Bankruptcy Lawyer Case Study: Stopping Foreclosure/Sheriff Sale with Chapter 13 in Houma, Louisiana

Mid 30s divorced mother of two from Houma, Louisiana came in to discuss bankruptcy options. She and her children live in a home with a single mortgage. She is six months behind on the mortgage and the property is in foreclosure. She does not have any other significant debt. She fell behind on the house note due to being unemployed for approximately 3 months. She is now reemployed and can afford to resume her house note but does not have sufficient funds to bring the note current.

Is it too late to stop a Foreclosure/Sheriff sale on my home in Louisiana?

In Louisiana real estate foreclosures are conducted by the local sheriff. Under most circumstances, the filing of a bankruptcy, either chapter 7 or chapter 13, will stop the state court foreclosure proceeding. The case must be filed before the auction actually takes place. The New Orleans bankruptcy attorneys at Kirkpatrick and Associates, on a regular basis, stop Sheriff sales for clients living in New Orleans, Jefferson Parish, St. Tammany Parish, Washington Parish, Terrebonne Parish, St. James Parish, St. John the Baptist Parish, Assumption Parish, and Lafourche Parish.

Stopping a Garnishment in Gretna, Louisiana

Many people assume that once a garnishment has started, there is nothing they can do to stop it. Using bankruptcy law (chapter 13 and chapter 7), we can stop just about any type of garnishment, except current domestic support obligations. We recently met with a young lady from Gretna, Louisiana whose, paycheck had been garnished by a credit card collection agency for the last three months.

Stopping a New Orleans, Louisiana Sheriff sale/ Foreclosure with Chapter 13 Bankruptcy

I recently met with a lady who owns a home in New Orleans that was set to go through sheriff sale the following day. Within the same day, we were able to file a chapter 13 reorganization bankruptcy that forced the mortgage company to stop the sheriff sale. This allowed our client to resume making regular monthly mortgage payments and make a small bankruptcy court payment to catch up her mortgage arrearages over a five-year period.

Is Chapter 7 Bankruptcy right for you?

During these uncertain times, many hard-working Americans find themselves overwhelmed by financial problems. It can happen to the best of people, no matter what tax bracket they qualify for. If you or anyone you know find yourself in these circumstances, it is crucial that all options of relief are considered. However, most people find that filing for chapter 7 bankruptcy is the best alternative for financial relief.

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