Louisiana Bankruptcy Law and Napoleonic Law Requirements
The state of Louisiana is one of the most unique jurisdictions in the US. Because of the Napoleonic Code tradition, state laws developed quite differently than in other areas. A true Napoleonic Code system relies on statutes, rather than case law (which is what lawyers refer to as a stare decisis system rather than a civil code system). The differences in these two systems, and the underlying national basis that originally formed state laws, cause large variations in the application of statutes, rules, and procedures followed in Federal Courts.
All debtors filing Louisiana Chapter 7 cases or Chapter 13 plans must disclosure all claims, amounts owed, contingent claims, and potential causes of action. Many debtors have been surprised by a motion to dismiss for failure to include contingent claims and causes of action for consideration by the court. Negligence, wrongful death, and other tort claims must be included. Tax disputes, civil and criminal fines, and child support obligations must be included. Disputed leases, contracts, and charged off debts should be included as well, to allow proper administration and eventually, the discharge of all obligations.
|
