Louisiana Motion in Federal Court by Debtor to Hold Garnishing Creditor in Contempt

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Once a petition is filed with the U.S. Bankruptcy Court, it automatically operates as a stay of various actions against the debtor and the bankruptcy estate, such as the commencement of a judicial proceeding against the debtor, the enforcement against the debtor of a judgment obtained before the commencement of the bankruptcy case, or the enforcement of a lien against property of the estate. The automatic stay immediately suspends any lawsuit filed against the debtor and stops virtually all actions against the debtors property by a creditor or collection agency. It acts as an injunction against the continuance of any action by any creditor against the debtor or the debtor's property. Anyone who willfully violates the stay in the case of an individual debtor can be liable for actual damages caused by the violation and sometimes liable for punitive damages.

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  • Preview Motion in Federal Court by Debtor to Hold Garnishing Creditor in Contempt
  • Preview Motion in Federal Court by Debtor to Hold Garnishing Creditor in Contempt

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For the limited purpose of any such action or proceeding, the appointed attorney at law shall be the proper representative of the succession of any such decedent to the same extent as if he were the regularly appointed and duly qualified administrator or executor in such decedent's succession.

When an owner of immovable property wishes to evict the occupant therefrom, after the purpose of the occupancy has ceased, the owner or his agent, shall first cause a written notice to vacate the property to be delivered to the occupant.

41. The domicile of an unemancipated minor is that of the parent or parents with whom the minor usually resides. If the minor has been placed by court order under the legal authority of a parent or other person, the domicile of that person is the domicile of the minor, unless the court directs otherwise.

222. Direct contempt. A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge, or a contumacious failure to comply with a subpoena or summons, proof of service of which appears of record.

A plaintiff may amend his petition without leave of court at any time before the answer thereto is served. He may be ordered to amend his petition under Articles 932 through 934. A defendant may amend his answer once without leave of court at any time within ten days after it has been served.

A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Article 42 of the Code of Civil Procedure establishes the basic rule of venue: a defendant is to be sued in the parish of his domicile. The Code does establish exceptions to this basic principle, however, in the interest of providing a convenient place for trial.

(1) Whoever commits the crime of first degree rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

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Louisiana Motion in Federal Court by Debtor to Hold Garnishing Creditor in Contempt