Legal Question in Bankruptcy in Louisiana

Can't file bankruptcy?

I was planning on filing bankruptcy. I was told today by a creditor or rather someone in a law office for my creditor that I could not file bankruptcy. She told me that because I made a payment in August and because there is a judgement against me that I plead guilty in that my bankruptcy would not be discharged. I have no idea what she is talking about. I have never received notice of any judgment or anything like that. Last month I was told that if I did not make a payment that legal action would be taken against me. Now the question, is this true or was she just trying to collect my money? It was my understanding that even if there is a judgement then it can still be filed in the bankruptcy. She said they would contest it and if I try to file bankruptcy again, I can not do it until after this debt is paid off and then it would cost me $15,000 to file. Is she just saying this or is this actually the law?


Asked on 9/18/03, 10:48 pm

1 Answer from Attorneys
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: Can't file bankruptcy?

What you post is totally unbelievable if anyone told you that. You can file bankruptcy when your debts exceed your assets or you cannot pay your bills as owed. The fact that you made a payment recently does not have any effect on you filing bankruptcy. While in certain cases a debt may be declared non-dischargeable, you've told me nothing which would indicate why this particular debt wouldn't be discharged. I strongly suggest you contact a bankruptcy attorney in your city and discuss all the particulars of your situation.

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Answered on 9/19/03, 8:47 am


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