Chapter 7 Attorney in New Iberia, LA
Filing for bankruptcy can be very useful if you have significant debt you cannot repay. Many emergencies and unexpected financial circumstances can result in piling debt, such as medical bills, a job loss, a divorce, or other economic difficulties. A Chapter 7 bankruptcy is one option for businesses and individuals with unmanageable debt to find relief. It’s important to work with a New Iberia Chapter 7 lawyer to determine if this is the right option for addressing your debt.
Work With a Legal Team You Can Count On
If you are considering bankruptcy as a solution to your financial difficulties, it is crucial that you consult with an experienced and skilled bankruptcy lawyer. At Wiley & Jowers, we have spent years representing individuals and businesses in bankruptcy law and have a long-standing track record of successful cases and satisfied clients. We have over 15 years of experience helping people navigate complex consumer debt bankruptcy cases.
Our firm believes in giving every case the individual attention and support it deserves. When you bring your case to us, we review your situation and determine if Chapter 7 bankruptcy is right for you. Each case is unique, and different types of debt settlement or bankruptcy may be ideal for you. We provide you with communicative and exceptional legal support and are proud to help improve the lives of those in our community.
The 16th Judicial District Court (JDC) serves New Iberia Parish, as well as St. Mary and St. Martin Parishes. The 16th JDC Lafayette Parish courthouse can be found at 300 Iberia Street. Our firm has professional experience with local courts throughout the Western District and can help you know what to expect when filing. Let us help you navigate your bankruptcy case and address your financial difficulties.
What Is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is also called liquidation bankruptcy, as it involves the liquidation of nonexempt assets. This can be a useful method to clear debts, but it is important to understand that you may lose significant assets. Certain assets are exempt, like potentially your home and your primary vehicle.
You may qualify for a Chapter 7 bankruptcy if you have an income under a certain amount. By filing for a Chapter 7, your liquidated assets may be used to pay back your unsecured debt and eliminate all of that debt, and an automatic stay prevents creditors from claiming your assets during the bankruptcy process. Some property is subject to liens. Unsecured debts may include medical or credit card debts, or certain court judgments.
At the end of the Chapter 7 process, which can take several months, unsecured debts that were not fully repaid through liquidation may be discharged or cleared. Discharge of debts is only an option for individual filers, not businesses. While not all individual Chapter 7 cases will end with a discharge of debts, many do. When debts are discharged, it means you have no more liability for them.
How Do You Qualify for Chapter 7 Bankruptcy in New Iberia?
Individuals, partnerships, corporations, and other business entities may qualify for Chapter 7 relief. Individual filers must meet the income means test. First, the court looks at:
- Your current monthly income
- The state’s median monthly income
If your income is higher than the state median, then the court will apply the means test. You meet the qualifications of the means test if your current monthly income over the past five years, excepting certain expenses and secured debt, is less than the lower of the following amounts:
- 25% of your unsecured and nonpriority debts or $10,275, whichever is greater
- $17,150
If you do not meet the means test, you may not be able to file for Chapter 7. However, you may still be eligible if you can show special circumstances that mean the adjustment of your current monthly income or show additional expenses. These circumstances must allow you to meet the means test to file for Chapter 7.
Other Important Factors
In addition, the court is less likely to grant a Chapter 7 case if your debts are mostly consumer debts. There may be other reasons you are disqualified from filing for Chapter 7, such as if you had a bankruptcy petition dismissed in the prior 180 days because you:
- Dismissed the case willingly
- Willfully failed to appear in court
- Willfully failed to comply with court orders
When you hire a Chapter 7 lawyer, they can review your specific case and determine if you are likely to be approved for a Chapter 7 case, and what alternatives you may have for debt settlement or bankruptcy.
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FAQs
What Can a Bankruptcy Lawyer Help With?
When you work with a bankruptcy lawyer, they can give you legal advice about the right method of debt relief for your unique financial situation. If Chapter 7 is the right option for you, an attorney helps you with each step of the filing process and court proceedings. They can help gather the right information to file your bankruptcy petition, ensure you complete the right steps, and address any questions you may have throughout the process.
What Are the Benefits of Filing for Chapter 7 Bankruptcy?
You are not the only person filing for Chapter 7 to secure a fresh start. In the U.S., there were more than 320,500 Chapter 7 bankruptcy case filings in the twelve months before March 31, 2025.
1,064 of those cases were in the Western District of Louisiana. Chapter 7 filings made up 18.6% of bankruptcy filings in the district. 48 Chapter 7 cases were filed in Parish, and only one of these was for business debt. Many people file for bankruptcy because it has numerous potential benefits. This includes:
- An automatic stay is placed on your debts, preventing you from being harassed by creditors during bankruptcy proceedings and halting or preventing actions like wage garnishment.
- The bankruptcy process clears substantial amounts of your existing debts with asset liquidation, giving you more financial freedom and the ability to pay off debts that bankruptcy could not address.
- Unsecured debts could be discharged, freeing up your finances significantly.
- Mitigates the number of financial debts and stressors you face.
- It doesn’t require a repayment plan, limiting the impact on your future income.
While there are several limitations to Chapter 7 bankruptcy, there are many benefits in the short term and long term.
Get Diligent Legal Support With Wiley & Jowers in Lafayette
When you have significant debt, it can feel like there are no options. This is not the case. Get in touch with Wiley & Jowers in New Iberia today and learn how you can address your financial debts. We can give you individualized and experienced legal advice on the most effective way to secure a fresh start.