While many courts across the state and nation continue to close their doors and postpone trials and hearings to later dates, the three Bankruptcy Courts in Louisiana have thankfully remained functioning to some degree.  Bankruptcy filings remain electronic as always, but the requirement to submit original signatures in some instances is temporarily suspended.  Each of the courts are closed to the public but have implemented measures to conduct hearings via telephone and/or video during this time of public health crisis related to the novel coronavirus, COVID-19:

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Debtor and her husband entered into a promissory note secured by a mortgage in the purchase of their home. In June 2004, they defaulted on the loan. Two months later, Debtor’s husband passed away. In November 2004, Creditor filed an executory proceeding to perfect the seizure and sale of the property. After filing the suit, Creditor’s Counsel received the original promissory note which was marked with an unsigned stamp indicating the note was paid and cancelled. He also received correspondence from Debtor’s counsel stating that the foreclosure was improperly supported, yet Creditor continued to move forward with the seizure. In December 2004, the sheriff’s office delivered a notice of seizure, and Debtor moved out of the dwelling. Debtor successfully sought injunctive relief, arguing that the promissory note and mortgage were not in authentic form as they were executed in front of only one witness. Creditor then filed an ordinary proceeding seeking enforcement of the note and mortgage.

Continue reading “Debtor not Entitled to § 1983 Relief Against Creditor’s Counsel Where There was no Specific Intent to Harm”