HLS 16RS-840 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 288
BY REPRESENTATIVE GAROFALO
CIVIL/PROCEDURE: Provides with respect to release of judicial mortgages from property
acquired in bankruptcy proceeding
1 AN ACT
2To amend and reenact R.S. 9:5175(C)(1) and (2)(a), relative to bankruptcy debtors; to
3 provide relative to procedures for releasing judgments against discharged bankruptcy
4 debtors; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:5175(C)(1) and (2)(a) are hereby amended and reenacted to read
7as follows:
8 ยง5175. Order of discharge in bankruptcy; effect
9 * * *
10 C.(1) A judgment debtor may obtain a partial cancellation of the inscription
11 of a judgment as it affects property not owned by the judgment debtor on the date of
12 his filing a petition under Chapter 7 or Chapter 13 of the United States Bankruptcy
13 Code upon the filing of an affidavit in accordance with this Subsection.
14 (2) The affidavit shall contain all of the following:
15 (a) A statement that the judgment debtor filed a petition under Chapter 7 or
16 Chapter 13 of the United States Bankruptcy Code.
17 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-840 ENGROSSED
HB NO. 288
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 288 Engrossed 2016 Regular Session Garofalo
Abstract: Adds Chapter 13 bankruptcy debtors to those who may obtain a partial
cancellation of the inscription of judgments.
Present law provides a procedure for partially releasing judgments against discharged
Chapter 7 bankruptcy debtors.
Proposed law extends the procedure for partially releasing judgments to include Chapter 13
bankruptcy debtors.
(Amends R.S. 9:5175(C)(1) and (2)(a))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.