St. Martinville Chapter 13 Lawyer

Trusted Chapter 13 Attorney in St. Martinville, LA

The math stopped working a while ago. You know what you earn, you know what goes out, and somewhere between the mortgage and everything else, there is a gap that keeps getting wider. When trimming and juggling stops working, a St. Martinville Chapter 13 lawyer is ready to find a solution that actually changes the equation.

Chapter 13 reorganizes what you owe into a single monthly payment you can actually make, and while the plan is running, creditors, including the mortgage company, have to stop collecting.

Kathryn Wiley has spent more than 15 years building these plans for families across St. Martin Parish and the Acadiana region, first at a leading bankruptcy firm in Central Louisiana, now at Wiley & Jowers. Reach out for a free initial consultation, walk us through the numbers, and you will leave knowing whether a plan can keep the house and on what terms.

What We Handle as Your St. Martinville Chapter 13 Lawyer

Chapter 13 bankruptcy lets you reorganize your debts into one manageable monthly payment over 3 to 5 years. Unlike Chapter 7, you keep your property. You keep your home. You keep your car. The court approves a repayment plan based on what you can actually afford, and once the court confirms your plan, your creditors must follow it — even if they objected.

We file Chapter 13 plans for St. Martinville and St. Martin Parish residents dealing with:

Mortgage Arrears and Foreclosure

If you have fallen behind on your mortgage, Chapter 13 lets you catch up through your repayment plan while you continue making regular monthly payments going forward. We calculate exactly how much you owe in arrears, build that amount into your plan, and file before the foreclosure sale date so the automatic stay stops the process.

Vehicle Loan Defaults

When you miss payments on a car loan or truck note, the lender can repossess the vehicle with proper notice. The automatic stay stops repossession immediately. Your past-due balance gets rolled into the plan, and in some cases, we may be able to reduce the total amount you owe on the vehicle if it is worth less than your loan balance.

Wage Garnishments

If a creditor has a judgment against you, they can take money directly from your paycheck. Filing Chapter 13 triggers the automatic stay the moment your petition is filed. Once your employer and the garnishing creditor receive notice of the filing, the garnishment must stop.

Our bankruptcy attorneys in St. Martinville can notify your employer and the garnishing creditor, and any wages taken after the filing date may be recoverable.

Tax Debt

Certain income tax debts, property taxes, and state tax obligations can be included in your Chapter 13 plan. Instead of dealing with the IRS or the Louisiana Department of Revenue on your own, interest on unsecured tax debt stops building up once you file, so you often pay the tax through the plan without additional interest. Priority tax debts, however, must be paid in full through the plan.

Our Chapter 13 bankruptcy lawyers review your tax situation during the consultation to determine what qualifies.

Credit Card and Medical Debt

Credit card balances, medical bills, personal loans, and other unsecured debts are paid through your plan at a percentage based on your disposable income. In many Chapter 13 cases, you pay only a fraction of the total unsecured debt, and the rest is discharged when your plan is complete.

Taking action now puts you back in control and stops the cycle of stress. We tailor your bankruptcy plan to your specific goals, so you have a clear path forward.

What We Do for You From Day One

Filing Chapter 13 is not just paperwork. It is a legal strategy built around your income, your debts, and what you need to protect. From the first consultation to your final discharge, we handle every step so you can focus on your family and your work.

We start by reviewing your financial picture: income, expenses, debts, assets, and any pending collection actions or foreclosure timelines. We determine whether Chapter 13 is appropriate for your situation or whether Chapter 7 makes more sense.

If Chapter 13 is the answer, we calculate your disposable income, draft a repayment plan the court will confirm, and prepare the documents required by the U.S. Bankruptcy Court for the Western District of Louisiana.

After filing, we represent you at the Meeting of Creditors, respond to any objections from the Chapter 13 trustee, and negotiate with creditors who challenge your plan terms. If your income changes during the plan, we can file a modification to adjust your payments. If a creditor violates the automatic stay, we take action to enforce it.

When you hire Wiley & Jowers, you are never on your own in this process.

What Happens When You File Chapter 13 in St. Martinville, LA

The moment we file your Chapter 13 petition, something happens immediately: the court issues an automatic stay under 11 U.S.C. § 362. That is a federal order that forces every creditor to stop. Foreclosure proceedings stop. Garnishment stops. Collection calls must stop. The stay remains in place as long as your case is active, though creditors can ask the court for permission to resume collection in certain situations.

From there, we build your repayment plan. The plan takes your income, subtracts your living expenses, and uses what is left over to pay your creditors on a schedule the court approves. You make one monthly payment to a Chapter 13 trustee, and the trustee distributes that money to your creditors for you. The plan lasts 3 to 5 years, depending on your income level.

After filing, you attend a Meeting of Creditors, currently held via Zoom, where the trustee reviews your plan and asks questions about your finances. We prepare you for that meeting and handle any objections that come up.

The key to filing Chapter 13 in St. Martinville is timing. The automatic stay only protects you if we file before a foreclosure sale date or before a creditor finishes seizing your wages or property. The sooner you act, the more options you have to protect what matters.

FAQs About St. Martinville, LA Chapter 13 Laws

How much does a Chapter 13 lawyer cost in St. Martinville?

Attorney fees in a Chapter 13 case are typically included in your repayment plan, so you do not have to pay the full amount upfront. We explain all costs during your free initial consultation before you make any commitments.

Will I lose my home if I file Chapter 13?

No. Chapter 13 is specifically designed to help you keep your home. Your repayment plan includes a schedule to catch up on missed mortgage payments while you continue making regular monthly payments going forward.

Can Chapter 13 stop wage garnishment?

Yes. The automatic stay takes effect the moment your petition is filed with the court. Your employer will be notified to stop the garnishment. Any wages garnished after the filing date may be recoverable.

Do I qualify for Chapter 13 in Louisiana?

You need a regular source of income, and your debts must fall within the current federal limits. We review your income, expenses, and total debt during the consultation to determine whether Chapter 13 is the right fit for your situation.

What is the difference between Chapter 7 and Chapter 13?

Chapter 7 eliminates most unsecured debt but may require you to give up certain property. Chapter 13 lets you keep your home and other assets while repaying debts over time through a structured plan. We help you determine which chapter makes more sense based on your goals and your financial picture.

Hire a St. Martinville Chapter 13 Lawyer Today

You do not have to figure this out on your own. If you are facing foreclosure, garnishment, or debt that feels impossible to manage, Chapter 13 may give you the structure you need to keep what matters most and start moving forward.

Wiley & Jowers serves St. Martinville, St. Martin Parish, and the entire Western District of Louisiana from our office in New Iberia, just 9 miles south on Bayou Teche. Contact us today for a free consultation.