Local bankruptcy attorney and long-time Project volunteer Jenny Abshier shares some tips and information for consumers and potential bankruptcy filers related to the COVID-19 pandemic and the recently-passed CARES Act.

Managing Attorney Kathleen Legendre discusses how self-represented litigants can access the 24th JDC's court resources and adopt best practices when video conferencing.

COVID-19 RESOURCES

Important Legal Resources

Apply for Civil Legal Aid with The Pro Bono Project
Call us at 504.581.4043, email our Intake Coordinator, or go to our online application.

Inquire About Your Case Status
Contact your pro bono volunteer or member of The Pro Bono Project staff.

Self Help Desk Hotline
Are you a self-represented litigant or filer? Call our Self Help Desk hotline at 504.581.4043 or contact us by email. To access court approved forms, click on the following:

Legal Resources Related to the current pandemic, Covid-19
Go to Louisiana Law Help for information about court closings, evictions, unemployment issues, and other COVID-19 related legal issues. Southeast Louisiana Legal Services operates a COVID-19 Disaster Hotline at 844.244.7871. The hotline will help address legal issues faced by people whose legal problem is a direct result of COVID-19.

Non-Legal Assistance and Information

Go to the City of New Orleans website, NOLA Ready. For other parishes and the State of Louisiana, click here.

For additional information, click on the following topics:


Frequently Asked Questions Related to the COVID-19 Pandemic

Q: I was laid off due to the economic shutdown related to the COVID-19 pandemic. Do I have a claim for wrongful termination?

A: Louisiana is an at-will employment state. This means that unless you are a contract worker and your termination violated the terms of your contract, or unless you can prove that you were fired due to your race, religion, or your inclusion in some other protected class, your employer can terminate you at any time. You might be eligible for state unemployment benefits.  You can file a claim at Louisiana Workforce  or by calling the Louisiana Workforce Commission's Claim Center at 866-783-5567.

Q: I am not working due to the economic shutdown related to the COVID-19 pandemic and cannot afford to pay rent. My landlord has already posted a notice on my door that he will evict me if rent is not paid on time. Will I be kicked out of my home?

A: All residential evictions pending in Orleans Parish First and Second City Courts have been suspended until June 15, 2020. Governor John Bel Edwards suspended all residential evictions and foreclosures statewide on March 18, 2020. While you should always make an effort to pay your rent timely, no residential evictions are proceeding during the current public health crisis. Specific provisions of the CARES Act, suspend evictions longer if the property is federally backed (i.e., if the property owner has a government backed loan). For information, click here.

Q: I was laid off due to the economic shutdown related to the COVID-19 pandemic. I have a lot of consumer debt, and my creditors are already calling daily. Am I eligible to file for bankruptcy relief?

A: Bankruptcy is a legal remedy for those burdened by unmanageable debt. Individuals typically file under one of two chapters of the United States Bankruptcy Code: Chapters 7 and 13. A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment. Instead, the bankruptcy trustee assigned to the case gathers and sells any nonexempt assets of the debtor and uses the proceeds of those assets to repay creditors. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. The Bankruptcy Code allows the debtor to keep certain exempt property, but a trustee will liquidate the debtor's remaining assets. Potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property. Under local Louisiana rules, a debtor’s primary residence is exempt from liquidation so long as the debtor’s equity in the home is no more than $35,000.

Alternatives to Chapter 7 bankruptcy include Chapter 13 bankruptcy, as well as out-of-court agreements with creditors. If you own no real property and your sole source of income is a pension, retirement plan, Social Security, or other public benefits, you might not need to file for bankruptcy relief.

If you own your home, Chapter 13 might be the best option for you. Chapter 13 bankruptcy relief requires you to enter into a repayment plan based on your income that can last between 3 and 5 years. The Pro Bono Project does not offer Chapter 13 services, but you might be eligible for services with our partner organization Southeast Louisiana Legal Services.

Q: My child’s other parent is refusing to abide by the terms of our court-ordered custody arrangement and will not return my child to me. What can I do?

A: State and city stay-at-home orders do not have any effect on custody orders issued by a court. While the party who is violating the order could potentially be held in contempt of court, under the circumstances, you will likely have a difficult time enforcing the order during the current crisis, as courts are largely closed except to emergency cases and law enforcement resources are being directed elsewhere. To apply for legal assistance on this COVID-19 related issue, call SLLS’s Hotline at 844.244.7871.

If you would like to prepare a rule for contempt of court for filing, you can find forms for Orleans Parish Civil District Court and the 24th Judicial District Court below:

Q: I have a divorce or other legal proceeding pending. What happens now that the court is shut down?

**Note that all state courts are open in Louisiana. Contact the state court in the parish you reside. If you are a Pro Bono Project client, contact us at 504.581.4043.

A: All state prescriptive periods and other legal deadlines are currently suspended until at least May 15, 2020. Courts are closed and legal actions except for emergency cases are not being heard in-person statewide by order of the Louisiana Supreme Court. Once the current public health crisis passes, courts will resume normal operations and will work with parties to reschedule hearings as necessary. To read the order, click here.

Frequently Asked Legal Questions Related to Legal Services Provided by The Pro Bono Project

Q: I have a legal issue and would like to apply for services.  Are you open?

A: Yes.  We are working virtually and are happy to assist you.  Please call our main line at 504-581-4043 for more information on services we provide and the regions we operate in.  For an application, visit our website or email us.

Q:  What services do you offer? 

A: The Pro Bono Project offers free legal services for persons with low income who have uncontested civil, non-criminal legal problems in the Louisiana parishes of Orleans, Jefferson, Plaquemines, St Bernard, St Tammany and Washington only. Examples of the type of cases which might be accepted by our office include:

Scroll through these questions to help find the answers you need. Call us at 504.581.4043 for information, resources, or to apply for civil legal assistance.

Scroll through these questions to help find the answers you need. Call us at 504.581.4043 for information, resources, or to apply for civil legal assistance.

  • Uncontested Divorces

  • Successions

  • Wills/Power of Attorney

  • Chapter 7 Bankruptcy

  • Landlord/Tenant

  • Intra-family Adoptions

  • Interdiction

  • Name Change

  • Paternity

  • Title Clearing

  • Lease Disputes

  • Social Security Benefits

  • Consumer Protection

  • Taxes

  • Home Ownership/Real Property

  • Wage Claim

Q: What services do you not offer? Where else can I go for help?

A:   The Pro Bono Project does not accept cases that involve the following:

  • Emergency legal matters

  • Criminal or traffic matters

  • Fee generating cases

  • Personal injury lawsuits

  • Contested child custody/child support

  • Contested divorces

  • Domestic violence

If you have a case which The Pro Bono Project may not handle, you can refer to any of the websites as additional resources for your legal concerns:

Q:  I have a criminal charge against me.  Can you represent me?

A: The Pro Bono Project provides civil legal aid for non-criminal legal matters. To find a legal resource for a criminal legal matter, please visit: Louisiana Bar Association Modest Means Online Legal Directory   

For an expungement, please contact the Justice & Accountability Center.

Q: I received a case acceptance letter and have been waiting for a volunteer.  Are you still seeking someone to assist me? 

A: Yes.  Your case is listed as available on our website.  We also regularly communicate with volunteers to encourage them to volunteer their time.  Since we cannot guarantee an attorney will volunteer for your case matter, we encourage you to visit other non-profit agencies who may be able to assist you or the private bar.  Visit the Louisiana State Bar Association Find Legal Help tab for these resources.

Q: I have a case with a volunteer attorney, but I do not know how to contact them? 

A: If you have a volunteer attorney, please call our office at 504-581-4043 or email our Intake Coordinator. We are happy to assist you with connecting with your volunteer.

Q: I have an open succession case. Is my case still on-going?

A: Your case remains open and the successions attorney will continue working on all open cases. However, our office is currently virtual so there will be no in-person client appointments/signings and we will be unable to collect filing fees. Also, due to the clerk of court and court closures, there will be some time delays in the completion of all pending successions matters. You can still call the successions attorney, Alexis Clay, at (504) 581-4043 ext. 209 or email her.

Q: Are the monthly and quarterly senior center clinics still going to happen?

A: Currently, all senior clinics as postponed until further notice. Seniors may still contact attorney Alexis Clay if they have legal issues or questions. She can be reached at (504) 581-4043 ext. 209 or by email.