Tim Kirkpatrick's blog

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.