Best Bankruptcy & Debt Lawyers in Baton Rouge

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Phelps Dunbar LLP.

Phelps Dunbar LLP.

Baton Rouge, United States

Founded in 1853
300 people in their team
English
Our health law attorneys represent hospitals, physicians, managed care organizations and other health care providers throughout the Southeast as counsel on corporate, tax and regulatory matters. We also represent our health care clientele in a variety of health care related areas, including labor...
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About Bankruptcy & Debt Law in Baton Rouge, United States

Bankruptcy & Debt laws in Baton Rouge, United States are primarily federally regulated but state-based exemptions and rules can influence the process. Filing for bankruptcy allows individuals or businesses to eliminate or repay some or all of their debts under the protection of the federal bankruptcy court. Debt management, on the other hand, involves advisory and assistance services typically provided by various professionals, aimed at helping individuals or businesses manage their debts more effectively and avoid bankruptcy.

Why You May Need a Lawyer

Bankruptcy & Debt is a complex field, involving intricate laws and regulations. A lawyer can help navigate these complexities, ensuring you efficiently go through the process whether you need to file for bankruptcy, negotiate settlements with creditors, or formulate a solid debt management plan. You may especially need a lawyer when facing debt collection lawsuits, when considering filing for bankruptcy, and when you are overwhelmed by unmanageable debt.

Local Laws Overview

While Bankruptcy Law is mainly federal, in Baton Rouge, Louisiana, the process is influenced by specifics under Louisiana bankruptcy exemptions. This state law allows you to protect certain types of property from being sold to repay your creditors. For example, Louisiana has a homestead exemption which protects a certain amount of equity in your primary residence. Further, Louisiana operates under a system of community property laws, which affects how marital debts are treated.

Frequently Asked Questions

1. Can I lose my home if I file for bankruptcy in Baton Rouge?

It depends on your situation. In Louisiana, the homestead exemption permits you to exempt up to $35,000 of your home's equity. If your equity in the property exceeds the protected amount, the trustee can sell your home to repay creditors.

2. Will filing for bankruptcy eliminate all my debts?

No, bankruptcy does not eliminate all kinds of debts. Certain types of debts like spousal and child support, most student loans, and some tax debts are typically not dischargeable.

3. Can I file for bankruptcy without a lawyer?

Yes, you can file for bankruptcy "pro se," or without a lawyer. However, it is strongly advised against due to the complexity of bankruptcy laws.

4. How long does a bankruptcy stay on my credit report in Baton Rouge?

A Chapter 7 bankruptcy stays on your credit report for 10 years and a Chapter 13 bankruptcy stays for 7 years.

5. What happens to my car when I file for bankruptcy?

The fate of your car depends on the equity in the automobile and the type of bankruptcy you file. In Louisiana, up to $7,500 in motor vehicle equity may be exempted.

Additional Resources

If you need legal advice regarding Bankruptcy & Debt in Baton Rouge, the Louisiana Law Help website provides extensive references and resources. Further, the Louisiana Bar Association offers 'find a lawyer' services and informational resources. The United States Bankruptcy Court, Middle District of Louisiana, located in Baton Rouge, is another resource.

Next Steps

If you are considering bankruptcy, or if you are dealing with overwhelming debt, consult a reputable lawyer for personalized advice. Preliminary consultations are often free, allowing you to understand your options. Additionally, it may be useful to review your financial situation and potential strategies with certified credit counselors. Lastly, ensure you understand your rights as a debtor to avoid illegal and unfair practices.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.