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Adequate Protection Explained: Adequate protection payments are made to a secured creditor to provide protection for the creditor’s depreciating collateral.  In a Chapter 13 bankruptcy, a debtor is granted an automatic stay upon filing of the bankruptcy, meaning creditors cannot pursue usual modes of collection if payments are not made on time.  While Chapter 13 filers are required to start making payments to the Trustee upon filing their proposed plan, the Trustee cannot distribute payments to creditors until the plan in confirmed.  Since it can take many months for a Chapter 13 plan to be confirmed, secured creditors would then

When to Use an Expert Divorce Financial Analyst for a Community Property Partition: Are you considering divorce?  Obviously, this step requires careful consideration of property issues and the best approaches for same.  There are many things that you need to think about before you decide on your final move.  One of them will certainly be the state of your finances.  No one wants to leave a marriage bankrupt. Our firm works with a few of the very best forensic accountants and financial experts in the region to best maximize your results in all aspects of community property partition.  Here is

Why You Should Have a Digital Estate Plan:  Estate planning has expanded beyond the traditional scope of wills, trusts, and powers of attorney.  In modern times, significant part of our lives exists digitally.  Your traditional estate plan likely does not account for what happens to your digital assets after death.  A digital estate plan comes into play as a method for organizing your online information. Creating a digital estate plan provides access to information that your family can use to carry out your final wishes.  When your loved ones can rely on a written plan that outlines the passwords for

Understanding the Benefits of a Special Needs Trust: Special needs trusts (SNTs) play a crucial role in the lives of loved ones with disabilities.  The primary benefit of a special needs trust over a typical testamentary trust or living trust is that it won’t disqualify the beneficiary from certain government benefits, such as Medicaid or Supplemental Security Income (SSI).  However, navigating the legal intricacies of setting up a special needs trust can be complex, especially given the unique trust laws and regulations of each state. Medicaid and SSI are needs-based government benefits that have specific income and asset requirements that

Bowes, Petkovich & Palmer, LLC adds Brady Smith as Of Counsel: Bowes, Petkovich & Palmer, LLC is pleased to announce the addition of Brady Smith to the firm.  Brady brings over 8 years of experience to the firm where his practice will focus on family law, estate planning, successions, and real estate transactions. Brady is a native of New Orleans where he attended Jesuit High School.  He then attended LSU where he received a bachelor’s degree in political science with a minor in business administration, and attended Southern University Law Center where he received his law degree.  He was admitted to

Naming a Tutor in your Will is a Crucial Step: It’s difficult to think about the situation where a young child loses both of his or her parents, but this is the time when a tutor would step in to take care of the child.  Naming a tutor is often overlooked when preparing a last will and testament, especially when someone writes their own will.  In many instances though, naming a tutor is the main reason for writing a will.  It is not uncommon for someone’s final wishes to coincide with the default laws of intestacy. For instance, perhaps a

Magazine Selects Partner for Publication: Bowes, Petkovich & Palmer, LLC is pleased to announce that the Louisiana Notary Association selected one of Maro Petkovich, Jr.’s articles for publication in its periodical, Signed & Sealed.  The firm was honored to receive the surprising news of the Association’s interest in its article on Forced Heirship and Collation and happily facilitated their publication of the article. Maro Petkovich, Jr. serves as the managing member of Bowes, Petkovich & Palmer, LLC.  He is an LSU Law Center graduate and is licensed in all Louisiana state and Federal courts.  His practice centers on creditors’ rights, but

Debt May Survive Discharge When a Debtor Fails to List a Debt in Bankruptcy: It is required that a debtor list all of his or her creditors and their most current address in the bankruptcy schedules.  If they fail to do so, a judge may not discharge the debt.  Listing all debts is required so that the court can properly notify the creditors by mail.  Creditors have important rights in a bankruptcy, such as filing proofs of claim and objections, and not listing them deprives them of exercising those rights. If a debtor forgets to list a creditor on their

Five-Star Review! “They were very helpful and caring. They are great at communicating each step of the way. I am glad I chose them during a difficult time and recommend them to anyone who is looking for good counsel.” Louisiana Family Law Attorneys: We are a Gretna law firm that has served the New Orleans area since 1980.  Our family law attorneys are highly experienced at handling divorces, custody, child support, alimony, property divisions, pre-nups, paternity, adoptions, protective orders, tutorship, interdictions, and more.  We take pride in offering a personal and trusted experience.  Call us today for a free consultation and find out why so many of our clients come back to us.

Why Having a Last Will for Separate Property is Crucial: It is common for married couples to acquire property prior to the marriage.  This property is considered separate property.  Because the order of succession is different for community property and separate property, it is imperative to know what will happen to your property if you die without a last will and testament.  Often times, the intestate laws are in direct conflict with the actual wishes of the property owner.  When that is the case, you should strongly consider creating a will as part of your estate plan. Classification of Property: