LOUISIANA- What to bring/what is looked at...how far back?

[Justme69]

I am probably going to be filing soon. Have not seen an attorney..no assets and tons of unsecured debt.

In Louisiana, typically, how far back do I need to go with bank statments, credit card purchases, etc? 1 year, 6 months? Any advice from anyone who has filed Chapter 7 in Louisiana would be very helpful!!!

[TEW]

They do 6 month look back on wage and expenses. They will want to know how much you owe. You can not have purchased anything on credit that would be considered a luxury item; some say 6 months no cash advances for 90 days.
Just about everyone that posts is told to wait 3 to 6 months that’s just an observation.
I waited 6 month.
Good luck keep posting

[southernbelle]

I filed a non-consumer chapter 7 in Louisiana (Middle District) and didn't have any major problems. The previous poster is correct. They want 6 months bank statements and pay stubs. Make sure you don't have any recent charges or you might end up paying it back to the creditor because they could object. Try to put as much distance between you and recent credit as possible. The last charge I had was Oct 07 and I filed April 08.

When I filed, the Trustee sent me a letter requesting additional information, but I think that's because she is very thorough. He/she will let you know what is specifically needed, but if you have a straight forward chapter 7, the basics are enough. Good luck.

[Justme69]

Thank you for your replies. I am very nervous about filing. I have lots of credit card debt on my cards thanks to my now deadbeat ex husband. I have some debt on my credit cards that was used to help get a family business off the ground...sadly, it never happened and I am stuck with the debt. At the time, I really did not worry about being repaid right away as I had 1.99% interest for 2 years....well, here we are 3 years later and my 1.99% is gone and now that the min. payments have increased on me, I have fallen behind on other credit cards. I do not own any assets, live with my partner, have 1 daughter 19 who is not working and still living with me, 1 vehicle that is financed, no savings and not a big cushion in my checking account. I do not plan to purchase any luxury items, but in the financial crunch I am in now, I do need to buy some things pretty soon (like clothing for my daughter to start college...not cheap no matter where you go, repairs to my washing machine or possibly a new one as this is a necessity, my truck needs new tires, etc.). What would happen if I have to charge $300-$500.00 on my credit card for one of these necessities during the 6 months? I just don't want to do anything wrong and have no clue about bankruptcy other than what I have read here.

Since I am living with my partner...it is his house, his mortgage and in his name. When I moved in we agreed to split the monthly mortgage and utilties. So in my paperwork I would list only me and my daugther, but list the portion of the mortgage note and utilities that my boyfriend pays....and this is "added" to my income so to speak? Just want to make sure I understand how this works and be as prepared as I can.

Thanks again to those who replied...you have no idea how much I appreciate it!!!

[southernbelle]

I was in a similar situation and a deadbeat ex husband and business debts are why I filed.

To answer your question, if you charge anything within the 6 months prior to filing, you run the risk of having that creditor object to having that particular debt discharged and worst case scenario, you will have to pay it back. I waited 6 months after I used my credit card to file and it worked out for me, so the more time you put between you and those charges the better. I don't have kids so I didn't have some of the issues you are facing, so if you have needed expenses that are near your filing date, they might go unnoticed, but you should mentally be prepared to pay them just in case the creditor objects.

I'm not sure about the mortgage issue. I'm sure someone else will chime in, but it seems as if on paper, you are his tenant and are responsible for a portion of the rent/bills. Do you have some sort of written agreement that spells out how much you are supposed to pay each month like a lease or something? You might need something from your partner like a notorized statement, but the amount you pay him for your half of the bills is what would go on Schedule J as your monthly expenditures.

Since it is "his" house, what he pays for his own mortgage isn't added to your income at all. You are simply his tenant. Your income from work, etc will go on Schedule I to determine how much disposable income you have, if any for the Means Test. ****I am assuming you are filing alone and your partner is not filing jointly with you****

Check out this link for schedules: http://www.uscourts.gov/bkforms/bankruptcy_forms.html

Check out this link for the Means Test. This link will help you understand how the test works.

http://www.legalconsumer.com/

Make sure you make some free consultations with BK lawyers in your area to ask questions prior to selecting one. They vary quite a bit and it took me a while to finally decide on the one I finally hired and he did a wonderful job for me. Hope this helps. Just ask and I'll help if I can. Send me a PM and I'll share my experiences with my atty and the local Trustee if you are interested. Good luck.