Best Bankruptcy Lawyers in Metairie

Why You May Need a Lawyer

Filing for bankruptcy in Metairie can involve complex choices about exemptions, asset protection, and repayment plans. A qualified solicitor can help you navigate the process efficiently and avoid common pitfalls.

• You are juggling multiple unsecured debts and want to pursue Chapter 7 to discharge them while keeping essential assets like a clothed vehicle or a primary residence within allowable exemptions.
• You face a looming foreclosure or car repossession and need to time a Chapter 13 plan to catch up payments or negotiate with creditors.
• You own real estate in Jefferson Parish with equity that could be at risk without proper exemption strategy or plan structuring.
• You operate a small business or self employed venture and face debt relief options that could involve Chapter 11 or Subchapter V considerations under SBRA.
• You have child support obligations or tax debts that won’t be discharged in bankruptcy and require careful planning to minimize impact on your household.
• You have wage garnishments or collection actions that could be halted by the automatic stay once you file, but require careful handling to preserve rights.

In Metairie, counsel can explain whether federal exemptions or Louisiana exemptions apply and how community property rules affect debt discharge. A local lawyer can also coordinate 341 meetings, reaffirmation agreements, and post discharge matters in the EDLA system.

Local Laws Overview

Bankruptcy in Metairie is governed by federal statutes, with state exemptions and local court rules shaping how cases are filed and administered in the Eastern District of Louisiana. The following laws and regulations are particularly relevant.

• 11 U.S.C. § 522 Exemptions and the choice between federal and state exemptions. This provision determines what property you may keep when you discharge debts. The choice between federal exemptions and Louisiana exemptions can significantly affect asset protection during bankruptcy.
• Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) This federal law tightened means testing and credit counseling requirements for bankruptcy filers. It has shaped filing practices since its effective date.
• Small Business Reorganization Act of 2019 (SBRA) This act created Subchapter V for small business reorganizations, expanding options for individuals who rely on a business to support their income. It became effective February 2020 in most cases.

Additional state level context matters for exemptions in Louisiana. Debtors in Metairie may be able to use Louisiana Homestead Exemption under state law, which interacts with federal exemption choices if state exemptions are elected. For specifics, refer to Louisiana statutes and court interpretations.

Recent changes and practical implications

SBRA 2019 created a streamlined Chapter 11 option for small businesses and individuals with debt thresholds, changing how certain filings are handled in practice.

Notes: - The Eastern District of Louisiana also publishes Local Rules that affect filing procedures, 341 hearings, and timing for deadlines. Lawyers and pro se filers should review the Local Rules for the EDLA to ensure compliance.

Helpful official sources: - Bankruptcy Basics - U.S. Courts

- Eastern District of Louisiana - U.S. Courts

Frequently Asked Questions

What is Chapter 7 bankruptcy and when is it filed?

Chapter 7 is a liquidation process where non exempt assets may be sold to repay creditors. In Metairie, you file a petition with the EDLA court and may receive a discharge within months if no assets are liquidated.

How do I file for bankruptcy in Metairie?

Start by consulting a Louisiana bankruptcy solicitor, gather financial documents, complete credit counseling, and file a petition with the U.S. Bankruptcy Court for the Eastern District of Louisiana in New Orleans or nearby division.

How long does Chapter 7 take in the EDLA?

Chapter 7 generally lasts about 3 to 6 months from filing to discharge, depending on creditors, exemptions, and asset exposure.

Do I need a lawyer to file bankruptcy in Metairie?

While you can file pro se, a solicitor reduces risk of improper filing, mis application of exemptions, and missing deadlines. Legal counsel often saves time and confusion.

How much does a bankruptcy attorney cost in Metairie?

Attorney fees vary by complexity and experience, typically ranging from a few hundred to several thousand dollars, plus court costs and counseling fees.

Can bankruptcy stop foreclosure or wage garnishment?

Yes, filing generally triggers an automatic stay that halts most collection actions, including foreclosures and wage garnishments, while the case proceeds.

Do I qualify for Chapter 7 in Louisiana?

Qualification depends on income, assets, and exemptions. The means test assesses your household income relative to state standards, as outlined by federal rules.

What is the difference between Chapter 7 and Chapter 13?

Chapter 7 eliminates most dischargeable debts quickly, while Chapter 13 creates a repayment plan over 3 to 5 years to address debts and retain assets with court oversight.

Will exemptions protect my home and car?

Exemptions protect certain equity in property. You may choose federal or Louisiana exemptions, which affects what you can keep during bankruptcy.

Is student loan debt dischargeable in bankruptcy?

Student loans are generally not dischargeable, except in rare cases showing undue hardship. A bankruptcy attorney can explain exceptions that may apply.

When will I receive my discharge after filing?

In Chapter 7, discharge typically occurs a few months after the 341 meeting. In Chapter 13, discharge follows plan completion, usually after 3 to 5 years.

Do I need to attend credit counseling before filing?

Yes. A required pre filing credit counseling course must be completed within a specific period before filing in most cases.

Additional Resources

Access to authoritative information can help you understand bankruptcy processes and your options in Metairie. The following official resources offer detailed guidance.

• U.S. Trustee Program (Department of Justice) oversees bankruptcy case administration, fiduciary duties, and integrity of the process. justice.gov/ust
• Bankruptcy Basics and Court Resources (U.S. Courts) provides general information on filing, discharge, and exemptions. uscourts.gov
• Eastern District of Louisiana Court Resources (EDLA) offers local rules, filing guidelines, and court contact information for bankruptcy matters in Metairie and New Orleans. laed.uscourts.gov

Next Steps

1. Assess your finances and list all debts, assets, income, and monthly expenses. This helps decide Chapter 7 versus Chapter 13. Time: 1 week.
2. Check exemptions by federal versus Louisiana state options. Gather documents showing property value and equity. Time: 1 week.
3. Consult a Metairie bankruptcy solicitor to review options and determine the best strategy. Time: 1-2 weeks for initial contact.
4. Attend a pre filing credit counseling course and obtain a certificate. Time: same day to a few days.
5. Decide on representation and prepare the petition with your attorney. Time: 1-3 weeks depending on complexity.
6. File the petition with the U.S. Bankruptcy Court for the Eastern District of Louisiana and prepare for the 341 meeting. Time: filing to 341 generally 1-2 months after preparation.
7. Attend the 341 meeting and complete any required post filing tasks, including education courses and plan confirmations. Time: 1-2 months after filing for Chapter 7; 3-5 years for Chapter 13 plan completion.