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Louisiana Revised Statutes Tit. 9, § 5175.1. Bankruptcy order authorizing sale of property

Current as of January 01, 2023 | Updated by Findlaw Staff

If a United States Bankruptcy Court order authorizing the sale of property free and clear of all liens, judgments, mortgages, and privileges does not specify the liens, judgments, mortgages, or privileges to be cancelled, a Louisiana licensed attorney may specify by affidavit which liens, judgments, mortgages, or privileges are to be partially cancelled as to the particular property subject to the order. The affidavit and a Request to Cancel shall be filed in the mortgage records of the parish in which the property is situated with a certified copy of the entire bankruptcy court order including all attachments thereto. The affidavit shall contain all of the following information:

(1) A statement that the debtor filed a petition under the United States Bankruptcy Code.

(2) The name of the court where the bankruptcy proceeding was filed.

(3) The date on which the petition was filed.

(4) A statement that the debt or debts upon which the judgment, mortgage, or privilege is based were listed in the bankruptcy proceeding.

(5) A full legal description of the particular property subject to the order.

(6) A listing of the liens, judgments, mortgages, or privileges, including the clerk's office identification by instrument number, book, or folio, or by whatever local method the clerk's office identifies such records.

(7) A statement that each holder of the liens, judgments, mortgages, or privileges sought to be partially cancelled was provided notice of the bankruptcy court order.

(8) A statement that the affiant is liable to and shall indemnify and hold harmless the clerk or recorder, and any of his or her employees or agents, relying on the affidavit for any damages that they may suffer as a consequence of such reliance.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 9, § 5175.1. Bankruptcy order authorizing sale of property - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-5175-1/

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