Louisiana § RS 9:5175.1 - Bankruptcy order authorizing sale of property
Full text of Louisiana Louisiana Civil Code § RS 9:5175.1 — Bankruptcy order authorizing sale of property, with citation guidance and answers to common questions.
§ RS 9:5175.1. Bankruptcy order authorizing sale of property
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.
Acts 2024, No. 383, §1, eff. May 28, 2024.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 9:5175.1
What does Louisiana Civil Code § RS 9:5175.1 cover?
Section RS 9:5175.1 ("Bankruptcy order authorizing sale of property") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 9:5175.1?
A common citation format is "Louisiana Civil Code § RS 9:5175.1" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 9:5175.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.