Filing for bankruptcy in Louisiana? Get the filing information you need here.
Filing for bankruptcy in Louisiana ? Although federal police governs most of bankruptcy, including the file procedure, some information is specific to Louisiana, and you will need this information to file bankruptcy. much of this data you can get on-line. here ‘s how. ( For more articles on the file procedure, see Filing for Bankruptcy. )
Getting Credit Counseling and Debtor Education in Louisiana
In order to qualify for chapter 7 or chapter 13 bankruptcy, you must show that you received credit counseling from an agency approved by the U.S. trustee in Louisiana within the six month period before you file for bankruptcy. You ‘ll besides have to take a debtor education course before you get a bankruptcy discharge. ( To learn more about this necessity, including the rare exceptions, see Credit Counseling & Debtor education Requirements in Bankruptcy. )
- You can find the list of approved Louisiana credit counseling agencies here.
- You can find the list of approved Louisiana debtor education agencies here.
Louisiana Bankruptcy Exemptions
Louisiana has a put of bankruptcy exemptions which help determine what property you get to keep in chapter 7 bankruptcy, and play a function in how much you repay unguaranteed creditors in chapter 13 bankruptcy. ( To learn more, see our Bankruptcy Exemptions area. )
Reading: Filing for Bankruptcy in Louisiana
Although the Louisiana legislature has said that debtors may only use the Louisiana exemptions, the 9th lap allowed one debtor to use the federal bankruptcy exemptions alternatively. ( To learn about the federal exemptions, see The Federal Bankruptcy Exemptions. )
To learn about Louisiana ‘s exemptions for your home and car, see The Homestead Exemption in Louisiana and The Motor Vehicle Exemption in Louisiana. To find other Louisiana exemptions, see Louisiana Bankruptcy Exemptions .
Completing the Bankruptcy Forms in Louisiana
When you file for chapter 7 or chapter 13 bankruptcy, you must complete a bankruptcy petition, a number of schedules containing detail data about your finances, and respective other forms, including a drawn-out kind known as the “ means test ” ( for Chapter 7 ) and a similar mannequin for chapter 13 .
( For a list of the forms you must complete, see The Bankruptcy Forms : acquiring Started. )
Getting and Completing the Official Bankruptcy Forms
For more information about each of the official forms, including how to find them, see Completing the Bankruptcy Forms .
Finding Means Test Information for Louisiana
When you file for bankruptcy in Louisiana, you must compare your income to the medial income for a family of your size in Louisiana. If your income is less than the median, you will be eligible to file for chapter 7 and, if you choose to file for chapter 13, you can use a three-year refund plan ( rather than five years ). This is called the means examination .
If your income is above Louisiana ‘s median income, you still might qualify for chapter 7, but you ‘ll have to provide detailed data about your expenses and payments on guarantee debts in order to find out. Most chapter 13 filers besides have to provide this information.
For information about each of these forms, understand :
- Form 22A – Statement of Current Monthly Income and Means Test Calculation (for Chapter 7), and
- Form 22C – Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (for Chapter 13).
here ‘s how to find the Louisiana-specific figures for these means test forms :
Louisiana median income. For a two-person family in Louisiana, the median income is $ 46,169. For a syndicate of four, the Louisiana medial income is $ 65,778. You can find figures for other family sizes in Louisiana here .
Example. John and Kate have two children. Their total family income is $ 70,000. They do not pass the means test, because their family income exceeds the median ; they will have to complete the means test in entire .
Standard deductions. Forms 22A and 22C have a comprehensive tilt of expense categories, such as caparison, department of transportation, food, and childcare. For some of those categories ( like childcare ), you provide the actual measure you spend. For others, you plug in a bias come — sometimes that figure is standard for the whole area, other times it varies by county or region .
You can find all of the Louisiana parish and region-specific figures you ‘ll need for Forms 22A and 22C on the U.S. Trustee ‘s web site at www.justice.gov/ust. Click on “ Bankruptcy Reform ” and then “ Means Testing information. ”
Example. In Louisiana, the criterion sum you can deduct on your means test for house depends on your parish. For exemplar, if you live in Orleans Parish, your mortgage or rend deduction is $ 921 for a one-man family. But if you live in Lafayette Parish, the mortgage or rent subtraction is $ 764. You can find caparison expense standards for each Louisiana parish here.
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Getting Local Bankruptcy Forms
Some judicial districts and bankruptcy courts require bankruptcy filers to complete extra “ local anesthetic forms. ” To find out if your woo requires extra forms, contact the bankruptcy filing clerk. Some courts post these forms online on the court ‘s web site. ( Below you ‘ll find a link to Louisiana ‘s bankruptcy court .
Filing in the Correct Louisiana Bankruptcy Court
There are three federal judicial districts in Louisiana ( see below for links ). You can file in either :
- the district where you have been living for the greater part of the 180-day period before you file, or
- the district where you are domiciled—that is, where you maintain your home, even if you have been living elsewhere temporarily (such as on a military base).
How to Find Louisiana’s Bankruptcy Courts
You can use the Court Locator tool on the U.S. Trustee ‘s web site to find bankruptcy motor hotel locations and websites. The three district bankruptcy courts in Louisiana are :