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Louisiana residents who are faced with a mountain of debts that they are unable to pay off often decide to clear their financial slates and file for bankruptcy. This can be quite helpful when, coupled with credit counseling to assure they don't wind up in the same circumstances later, they begin anew on surer financial footing. Below are some important things to know about the laws governing bankruptcy in Louisiana.
Federal bankruptcy laws changed in October of 2005 when the Bankruptcy Abuse Prevention and Consumer Protection Act took effect six months after President Bush signed it into law. This new law requires consumers who file bankruptcy to receive credit counseling in the six months prior to their filing for debt relief. It also mandated their completion of a financial management instructional course.
There was another change to the existing laws under this act. To file for either Chapter 7 or 13 bankruptcy, debtors' finances must now be scrutinized by a means test. This means that debtors' income will be averaged for the six months prior to the filing and then compared to their state's median income. When their income falls below the median, Chapter 7 becomes an option. Those with incomes in excess of the median will be further scrutinized to determine whether they are eligible for Chapter 7 or only for Chapter 13.
In many cases, Chapter 7 remains an option for those who can't pay a minimum of $6,000 over five years to their unsecured creditors once their living expenses are met. This amount is equal to $100 a month. Those with the means to pay a minimum of $10,000 over the same period usually will be denied the right to file Chapter 7. For those falling somewhere in the middle, an additional calculation is applied to determine your eligibility. Chapter 13 remains a viable option even for those who qualify for Chapter 7.
It's a bit of a paper chase, because you will need to furnish all of the following:
Once you are armed with all of this information, it is time to determine which items are exempt from seizure under Louisiana law.
In addition to any federal exemptions, the state of Louisiana provides specific state exemptions for debtors. Below is a list of the exemptions.
Because the bankruptcy laws and procedures in Louisiana, coupled with the federal regulations, are complicated and failing to follow the rules can jeopardize the outcome of the filing, it is always a good idea to seek qualified legal representation when filing.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified bankruptcy lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.