Lafayette Chapter 13 Bankruptcy Lawyer

When debt feels like it is closing in, Chapter 13 may offer the structure and relief you need. A Lafayette Chapter 13 bankruptcy lawyer from Simon Fitzgerald LLC can help you stop collection efforts and keep what matters. Our Lafayette bankruptcy attorneys assist individuals and families across the Acadiana region. Visit our Lafayette office today to learn what your next steps could be.

If you live in Lafayette Parish, Chapter 13 cases are filed in the U.S. Bankruptcy Court, Western District of Louisiana – Lafayette Division. These cases are assigned to Judge John W. Kolwe and overseen by Chapter 13 Trustee Keith A. Rodriguez, who reviews repayment plans and manages trustee payments. Local knowledge of their procedures helps avoid delays and ensures your plan is approved on schedule.

Call our Lafayette office at 337-984-1584 – Free Chapter 13 Consultation Today

Why Chapter 13 Bankruptcy Is a Lifeline for Lafayette Families

Chapter 13 bankruptcy gives you time to catch up without giving up everything you have worked for. It allows you to repay certain debts under court supervision. It also protects your home, vehicle, and other essentials. A Lafayette Chapter 13 bankruptcy attorney with Simon Fitzgerald LLC can help you decide if this type of plan fits your income level and overall financial goals.

According to the U.S. Courts Chapter 13 Overview, this process was created to help people restructure their debts while keeping the property they need to maintain daily life. Many families in Lafayette and throughout the Acadiana region rely on Chapter 13 to stop foreclosure or avoid repossession. Others use it to reduce the amount they owe on unsecured debts.

What Chapter 13 Can Help You Do

If you qualify for Chapter 13, here are a few ways it may help you regain control over your finances and protect what matters:

• Stop foreclosure – Filing a petition triggers the automatic stay, which halts home repossession efforts. This gives you time to address missed payments and work toward saving your home.
• Catch up on mortgage or car payments – The repayment plan includes arrears so you can keep your property. These balances are paid over time, not all at once.
• Keep non-exempt assets – Unlike Chapter 7, Chapter 13 does not involve liquidation. You can keep important items that support your work or daily needs.
• Restructure unsecured debts – You may only repay a portion of your medical bills or credit card balances. Any remaining eligible balance may be discharged once your plan is complete.
• Pause collection efforts while you repay – The court prevents creditors from contacting you directly or suing you during the repayment period. That gives you space to focus on your plan without constant pressure.

This process helps reduce pressure from creditors. It also gives you a clear payment structure and the legal backing to protect what your family relies on while you catch up.

How the Chapter 13 Filing Process Works in Lafayette

Chapter 13 offers a structured repayment plan under the protection of the court. It allows you to repay debt over time while keeping your home or vehicle. Every step follows a clear legal process, giving you more predictability and less stress along the way.

With help from your attorney, the filing process can feel more manageable. Here is what the timeline usually looks like for individuals and families in Lafayette and throughout Acadiana:

1. Complete credit counseling through an approved agency – This must be done before filing your case and is required under federal law. It helps confirm that Chapter 13 is the right option based on your financial situation.
2. Submit your bankruptcy petition and repayment plan – Your attorney files these documents with the court. The petition outlines your debts, while the plan shows how you intend to repay them over time.
3. Attend the confirmation hearing – A judge will review your plan to ensure it meets legal requirements. If approved, the plan becomes a binding court order.
4. Begin making monthly payments to the trustee – Payments usually begin within 30 days of filing. The trustee distributes those funds to creditors according to the approved plan.
5. Comply with plan terms for 3 to 5 years – Staying on schedule is key to completing your case. You must keep up with trustee payments and stay current on any new obligations.
6. Receive discharge if all payments are complete – Once the plan is fulfilled, the remaining eligible debt is discharged. This marks the end of the case and gives you a clean slate.

Find Out If You Qualify for Chapter 13 in Lafayette – Schedule Now

The full process for filing bankruptcy includes detailed paperwork and strict deadlines, but your attorney will help you stay on track. Completing credit counseling early ensures you are eligible to file and gives the court what it needs to move your case forward.

Related Resources for Lafayette Residents

• Chapter 7 Bankruptcy in Louisiana
• Chapter 13 Bankruptcy in Louisiana
• Fees & Payment Options
• Bankruptcy FAQs

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Is Chapter 13 Better for You Than Chapter 7?

Chapter 7 and Chapter 13 each have a purpose, and the better option depends on your income, debt type, and financial goals. Chapter 7 is designed to wipe out qualifying debt quickly, but it may require you to give up non-exempt property. Chapter 13 allows you to keep more assets while repaying part of what you owe over time through a court-supervised plan.

If you are behind on secured debt or dealing with income tax debts, Chapter 13 may offer more flexibility. A court-approved plan gives you time to catch up without the risk of immediate foreclosure or repossession. Our team can also explain whether you meet the qualifications for Chapter 7 bankruptcy or whether Chapter 13 better supports your goals. Situations where Chapter 13 may be a better fit include:

• You earn a regular income – Chapter 13 works best for people with steady paychecks. This allows you to make consistent monthly payments under a structured plan.
• You have property you want to keep – If you own a home, vehicle, or other valuable assets, Chapter 13 may protect them. The plan prevents liquidation and helps you stay current over time.
• You are behind on secured debts – Chapter 13 allows you to catch up on things like car loans or mortgage arrears. These payments are spread out so you are not expected to pay everything at once.
• You need more time to catch up on payments – The court gives you three to five years to get back on track. That timeline can make a big difference when income is stretched thin.
• You are facing collection lawsuits or wage garnishment – Filing for Chapter 13 immediately stops most collection efforts. This gives you breathing room while the court works through your plan.
• You do not qualify for Chapter 7 – If your income is too high or you have non-exempt assets you want to keep, Chapter 13 may be your best option. It offers a way to manage debt without giving up the things you rely on.
• You want to protect a co-signer – Chapter 13 can stop creditors from going after someone who helped you get a loan. This protection can be important if a family member or business partner is at risk.
• You owe tax debt that cannot be discharged – Some tax obligations must be paid in full even if you file for bankruptcy. Chapter 13 lets you pay those balances gradually without additional penalties.
• You have a previous bankruptcy on record – If you filed Chapter 7 within the last eight years, Chapter 13 may be the next available option. It gives you a way to resolve new debt even if a full discharge is not possible.

If you are unsure which chapter applies to your situation, we can walk you through both options and help you understand the long-term impact of each.

What You Can Include in a Chapter 13 Repayment Plan

A Chapter 13 repayment plan lets you organize your debt into categories based on how the law requires them to be handled. Secured debts, like mortgages and car loans, are usually paid in full if you want to keep the property. Priority debts must also be paid in full through the plan. 

Priority debts include recent taxes. It also includes back child support and court-ordered obligations. Unsecured debts, like credit cards and medical bills, are often treated differently. Depending on your income and expenses, you may only repay a portion of what you owe. 

If you complete the plan successfully, any remaining eligible unsecured debt may be discharged, including debts under active wage garnishment at the time you file. This structure helps you focus on the most urgent balances while reducing pressure from creditors who would otherwise demand full repayment or take legal action to collect.

What If Your Income Changes During a Chapter 13 Case?

Your financial situation might change during a multi-year repayment plan, and that can affect your ability to stay current. If that happens, you may be able to request a modified plan or explore options like temporary relief or debt settlement. The sooner you contact your lawyer, the more likely it is that you can avoid missed payments and prevent creditor harassment.

Some courts will approve adjustments if you can show a valid reason. This might include reduced hours or job loss. It may also apply if you are facing unexpected expenses. You might qualify for a temporary suspension of payments or a lower monthly amount that still meets legal requirements. Keeping your attorney informed helps protect your case and gives you a better chance of staying on track without starting over.

What to Expect From Your Lafayette Chapter 13 Bankruptcy Lawyer

Chapter 13 is not something you file and forget. Your lawyer should stay involved throughout the entire process. They will offer guidance when needed. They will also track your progress and respond when anything changes. Consistent communication and focused legal strategy help keep your plan moving forward without added complications.

Here is how a local attorney supports your case:

• Tailors your plan to district-specific preferences – Trustees in Lafayette sometimes prefer certain plan formats. A local lawyer understands those expectations and builds your proposal accordingly.
• Explains your responsibilities clearly – You will not be left guessing about what needs to be turned in or when. Your lawyer will walk you through each step so nothing slips through the cracks.
• Monitors your progress over time – Filing is just the beginning. Your attorney stays connected, checks in on how things are going, and makes sure deadlines do not sneak up on you.
• Handles unexpected changes in your case – If your income changes or something comes up mid-plan, your lawyer will help make the updates the court needs to see. You will have someone by your side every step of the way.

Working with a local Chapter 13 lawyer means having someone who knows how things work in Lafayette and who stays involved from start to finish. If questions come up or something in your case needs attention, you will not have to wonder who to call. That kind of consistent support can make the process feel more manageable, especially when everything else feels uncertain.

Why Chapter 13 Is More Protective Than Out-of-Court Settlements

Out-of-court settlements might sound easier, but they often leave you exposed. Creditors are not required to agree, and even if they do, there is no guarantee they will follow through. Some people end up back where they started: still in debt, still getting collection calls, and with no legal protection in place.

Chapter 13 gives you structure and court oversight from the moment your case is filed. Creditors must follow the plan or raise their concerns with the court. You are protected by the law while you make payments, not left trying to manage each debt on your own. Unlike private debt settlement programs, Chapter 13 is backed by a judge’s order and enforces a timeline that creditors cannot ignore.

Misunderstandings about bankruptcy often keep people from filing when it could help them the most. Many bankruptcy myths paint the process as harsh or final, but Chapter 13 is built to give working people a way to move forward while keeping what matters most.

FAQs About Chapter 13 in Lafayette

• Who oversees Lafayette Chapter 13 cases? Judge John W. Kolwe and Trustee Keith A. Rodriguez. The Trustee reviews plans and manages payments.
• Where is the 341 meeting? Usually held on Zoom Video Conference with the trustee; your attorney will prepare you and provide you a list of questions the Trustee is likely to ask, and your attorney will attend via Zoom as well.
• Where are hearings held? In the Lafayette Division before Judge John W. Kolwe. In many cases, court attendance may not be necessary, and many hearings are conducted via Zoom Video conference.  Your attorney will tell you if your in-person attendance is ever required.
• How long will my plan run? Typically 3–5 years, based on income, allowed expenses, and type of debt.
• Can Chapter 13 save my home? Filing generally triggers the automatic stay, which stops foreclosure while you’re making your Chapter 13 payments.
• Can I keep my home and car? Often yes—arrears can be repaid over time.
• What if I miss a payment? Contact us immediately—plan modification or temporary relief may be possible, depending on the circumstances.

Call a Chapter 13 Bankruptcy Lawyer in Lafayette for Trusted Help Today

At Simon Fitzgerald LLC, Louisiana’s oldest bankruptcy law firm, our Lafayette team has guided thousands of families through Chapter 13. We know how stressful foreclosure threats and creditor harassment can be, and we make it simple to take the next step.

Call our Lafayette office at 337-984-1584 today to schedule your free consultation.

Most clients can start from home by telephone, and same-day consults are available when urgent action is needed.