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14 Cards in this Set
- Front
- Back
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What is an oblique action?
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La. CC 2044: Allows creditor to compel debtor to diligently pursue rights that aren't strictly personal if the debtor's action increases insolvency.
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What is a revocatory action?
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La. CC 2036: Action allowing creditor to annul an act of the debtor that increases his insolvency.
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How can a judgment creditor get access to inspect a debtor's proerpty?
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Motion for entry on land. Persuasive tool...
Parish Nat. Bank v. Lane, 397 So. 2d 1282 (La. 1981) |
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What information must be included in a garnishment interrogatory?
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FILL OUT
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What debts are subject to the FDCPA?
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15 USC 1692(a)(5): Debts owed for personal, family, or household obligations.
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What is the statute of limitations on a debtor's action under the FDCPA?
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One year from the date of the violation.
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When does the period for appeal begin to run in state court?
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From the date of SERVICE of the Notice of the Signing of Judgment.
(Check up with the court to make sure the Notice was served!) |
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What is a HUD-1 form?
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Details the accounts of a real estate sale, and indicates how much equity is in the property.
Ask for this if someone wants to settle a debt before a real estate closing. |
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What is the validity period of a recorded judgment?
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Ten years from when the judgment was signed.
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What is the proper venue for a petition for garnishment?
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The venue of the garnishee.
BUT - Often you can get away with filing in the court that issued the judgment. The garnishee may ignore, or could except for improper venue. |
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What should you file with a proof of claim?
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All exhibits and a narrative of the claim's basis.
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What should be filed if you want to offset against a debtor's bank account after they have filed a bankruptcy petition?
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Motion to Lift Stay WITH Motion to Offset.
Put a freeze on the account IMMEDIATELY after filing. See: LSA RS 6:316 Pledge of deposit accounts; rights and remedies, and 11 USC § 362(d)(2) Automatic stay |
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What will almost always be grounds to lift a stay to execute against property of the debtor's estate?
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Failure to insure the property.
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What is a 'Comfort Order'?
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If a debtor files for bankruptcy twice in one year, there is not automatic stay if the debtor files a third time. Nevertheless, to prevent sheriff confusion at the foreclosure sale, the creditor can apply for a 'Comfort Order' from the bankruptcy court for the third bankruptcy that indicates the stay does not apply.
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