Reconciliation After Divorce: Per La. Civ. Code art. 104, “[t]he cause of action for divorce is extinguished by the reconciliation of the parties.” The concept of “reconciliation” can be thorny and confusing for a spouse who has filed for divorce. If you are in doubt as to what to do, where to reside, or how to interact with your spouse during the pendency of your divorce, it would be wise to retain counsel and discuss this issue with your attorney. Our family law attorneys are able to clearly and thoroughly advise you of the “dos and don’ts” of dealing with
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Forced Heirship and Collation: Forced heirship is unique to Louisiana and can dramatically impact your estate plan. Likewise, collation can have a profound impact on the forced portion and on your succession proceedings. Forced heirship is designed to prevent a person from disinheriting certain children or grandchildren. It was born under the presumption that parents desire to treat their children equally. What is Forced Heirship? Per La. Civ. Code art. 1494, a forced heir must receive a portion of their parent’s estate. This is so regardless of a will or trust to the contrary. For example, if a will leaves
Five-Star Review! “Maro tended to my paperwork immediately. Very satisfied. Will recommend him to others.“ Louisiana Estate Planning Attorneys: We are a Gretna law firm that has served the New Orleans area since 1980. Our estate planning lawyers are highly experienced at drafting wills, powers of attorney, living wills, trusts, and donations. 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. Call us today for a free telephone consultation with an estate planning attorney. 504-368-2700
Ex Parte Orders in Custody Proceedings: Ordinarily, courts issue orders regarding custody after hearing evidence at a trial. However, most family law practitioners know of and have utilized the ex parte emergency order of temporary custody. In emergency situations a parent may file a petition asking for temporary custody, and a court may issue an ex parte order awarding emergency temporary custody prior to a formal hearing. It is an effective tool if the procedural requirements are followed closely and used only in instances of exigent circumstances. Immediate and Irreparable Harm Under La. Code of Civil Procedure: La. Code Civ.
Buy-Sell Agreements: Owners of closely held businesses may not think about what will happen when a co-owner wants to sell his or her interests in the business, unexpectedly passes away, files for bankruptcy, or goes through a divorce. If you don’t know what would happen to your business and its ownership in one of these situations, you should consider a buy-sell agreement or amending your existing business documents. Afterall, preparation and planning are essential to sustaining any business. These situations do not need to disrupt your business operations. Buy-sell agreements allow owners to avoid costly commercial litigation while preserving their involvement in
Importance of a Power of Attorney: Most people recognize the importance of comprehensive estate planning, although they may choose to avoid it for as long as possible. One important part of your estate plan is your power of attorney (POA). Basically, a POA is a document that empowers an individual to make legal decisions for you in the event that you become incapacitated or are unable to do so for yourself. You can choose the extent of the authority you grant in the “agent” by working together with an experienced estate planning attorney to determine how to best represent your
Fair Debt Collection Practices Act (FDCPA): The Fair Debt Collection Practices Act (FDCPA) regulates the collection practices of third-party debt collectors and law firms engaged in collections. The FDCPA is found at 15 USC 1692 et seq. It was designed to protect consumers by eliminating abusive, deceptive, and unfair debt collection practices. It also protects reputable debt collectors and law firms from unfair competition. Below is a comprehensive outline of restrictions and requirements that debt collectors must follow to ensure FDCPA compliance. When Does the FDCPA Apply? The FDCPA applies only to the collection of debt incurred by a consumer
Five-Star Review! “Sometime ago I had a medical malpractice experience with a local medical facility. I contacted Bowes Law Firm for help. Their attorney, Mitchell Palmer, was assigned my case. He worked diligently for me & settled my case in a very satisfactory manner. I would highly recommend this law firm to anyone who might have a similar problem.“ Louisiana Personal Injury Attorneys: We are a Gretna law firm that has served the New Orleans area since 1980. Our personal injury lawyers are well versed at litigating all types of injury claims. We take pride in offering a personal and trusted experience.
Five-Star Review! “Some time ago I had a nasty fall while staying at a local hotel. My fall was caused by hotel negligence. I contacted BP&P Law Firm for assistance & one of their attorneys, Mitchell Palmer, was assigned my case. I cannot thank the Firm enough for representing me & settling my case in a very favorable manner. Their attorney was very patient, supportive, & professional. He fought doggedly for me as his client. I would highly recommend BP&P Law & their attorney Mitchell Palmer to anyone who has been wronged, mistreated, or is just in need of help.“
Louisiana Default Judgment Laws: It has been a year since Louisiana’s new default judgment laws went into effect on January 1, 2022. Practitioners and judges alike have now had enough time to adjust to the changes in the law. As a practitioner who takes default judgments every week, these changes were of particular interest to myself, my staff, and my clients. One of the first questions I received last January was: “[i]s it going to be harder to get a default judgment?” My short answer then was that it appeared it would be a give and take; that one step