Lafayette Chapter 7 Bankruptcy Lawyer

A financial emergency can turn your life upside down in Lafayette or anywhere across the Acadiana region. A Lafayette Chapter 7 bankruptcy lawyer from Simon Fitzgerald LLC can help you figure out what relief is available and whether a clean slate makes sense. Our Lafayette bankruptcy attorneys are available through our Lafayette office to help you take the first step toward moving forward.

If you live in Lafayette Parish, Chapter 7 cases are filed in the U.S. Bankruptcy Court, Western District of Louisiana – Lafayette Division. The Court is located at the John M. Shaw U.S. Courthouse, 800 Lafayette Street, Suite 1200, Lafayette, LA 70501 (courtroom: 3rd Floor, Courtroom 5). These cases are assigned to Judge John W. Kolwe and handled by Chapter 7 Trustee Lucy Sikes. Knowing their procedures helps avoid delays and ensures your case moves smoothly.

Call our Lafayette office at 337-984-1584 – Free Chapter 7 Consultation Today

How Chapter 7 Bankruptcy Can Offer a Fresh Start in Lafayette

Chapter 7 bankruptcy is a legal tool that helps people erase certain debts they can no longer afford to pay. It works by clearing qualifying balances and stopping most collection actions, giving you space to breathe and rebuild. Chapter 7 may be the right path if you are dealing with unsecured debt and limited income or resources.

A Lafayette Chapter 7 bankruptcy attorney with Simon Fitzgerald LLC can explain how this process works and whether you qualify based on your household finances. These are some of the situations where filing Chapter 7 may be the right move:

• Job loss or layoffs from employers like Ochsner Lafayette General or the University of Louisiana at Lafayette that make it impossible to keep up with monthly bills. 
• High-interest credit card debt that grows each month, leaving Acadiana families unable to catch up. 
• Medical bills from Our Lady of Lourdes or other Lafayette-area hospitals that insurance did not fully cover. 
• Lawsuit threats or judgments in Lafayette Parish courts for unpaid balances, garnishments, or bank levies. 

Filing Chapter 7 gives you a way to interrupt the financial damage and regain control over your future. Many people in Lafayette use this process to protect their income and keep essential property. It also creates space to focus on recovery. You are no longer stuck responding to calls. You do not have to fear lawsuits or wage garnishments showing up out of nowhere.

What Happens After You File for Chapter 7 Bankruptcy

Once your paperwork is filed, things often move faster and more smoothly than people expect. You do not have to go to trial or face your creditors in court. The process of filing bankruptcy is designed to be efficient and protective, especially for people with limited income and few assets.

Most cases in Lafayette are completed in just a few months, and the court takes several steps to make sure everything moves in order. While you may need to attend a brief meeting and complete a second financial course, the rest is mostly behind the scenes. Your attorney will handle the communication and deadlines so that you are not left wondering what comes next. What you can expect after your bankruptcy is filed:

• An automatic stay that stops most collection activity. This includes wage garnishment, lawsuits, and calls from creditors: all are paused the moment your petition is filed.
• A trustee is assigned to oversee your case. This person reviews your bankruptcy filing and confirms your eligibility.
• A short meeting of creditors held by phone or video. Most people finish this in under 15 minutes. Creditors rarely attend. In Lafayette, Ch . 7 Trustee Lucy Sikes conducts the 341 meeting by Zoom Video Conference in most cases.
• A second credit counseling course is required to complete the process. This must be done before your case is closed and debts are discharged.
• A discharge notice from the court. This document confirms that eligible debts have been cleared and your case is complete.

Find Out If You Qualify for Chapter 7 in Lafayette – Schedule Now

You will not have to guess what happens next or handle court deadlines on your own. A Lafayette Chapter 7 bankruptcy lawyer with Simon Fitzgerald LLC will prepare your documents and track important dates. We will also help you stay focused on rebuilding your finances and protecting what matters most to your household.

Related Resources for Lafayette Residents

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

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Comparing Chapter 7 and Chapter 13: What’s the Real Difference?

Chapter 7 and Chapter 13 both offer relief, but they do it in different ways. Chapter 7 is based on financial hardship. It clears unsecured debts without requiring repayment. Chapter 13, on the other hand, involves a structured repayment plan and gives you more time to catch up on missed payments.

The best choice depends on what types of debt you have and whether you need to protect certain assets. A Chapter 13 bankruptcy may also be the better fit if you are trying to save your home or address income tax debts through a long-term plan. Here is what typically sets Chapter 7 and Chapter 13 apart:

• Length of the process: Chapter 7 typically takes 4 to 6 months from start to finish. Chapter 13 lasts 3 to 5 years depending on your repayment plan.
• Asset protection: Chapter 13 allows you to keep more property if you can afford to repay some of your debt. Chapter 7 may require giving up non-exempt assets.
• Repayment terms: Chapter 13 involves monthly payments based on your income. Chapter 7 does not require repayment of qualifying debts.
• Eligibility rules: Chapter 7 has income limits based on household size. Chapter 13 requires a steady income to support the repayment plan.

Final outcome: Both offer a fresh start, but Chapter 13 may help you resolve more complex debt issues while holding on to valuable property.

If you are unsure which type of bankruptcy makes sense, that is completely normal. A Lafayette bankruptcy lawyer can go over your income and review your debts to explain how each option applies to your situation. Getting the right information early on can help you avoid delays. It can also reduce unnecessary costs and make the entire process easier to manage.

What You Might Gain By Filing Chapter 7 Bankruptcy in Lafayette

Chapter 7 helps clear away debt, but it also creates space for real relief. For many people in Lafayette, it brings a sense of relief they have not felt in months. When the pressure finally lifts, daily life starts to feel a little more manageable. Bills are no longer controlling every decision, and phone calls no longer come with dread.

Clients often tell us that the biggest change is not about what they lose, but what they get back. Filing can help you reclaim time. It can also give you the space to rest and the ability to focus on what comes next. These are some of the most common benefits people in Lafayette experience after Chapter 7:

• Reduced stress that affects sleep, focus, and relationships. Once the debt is discharged, the constant anxiety begins to ease.
• An end to aggressive collection calls and threatening letters. Creditor harassment stops once the court issues an automatic stay.
• A chance to start rebuilding credit sooner than expected. With the debt cleared, your credit score can begin to recover.
• Peace of mind knowing the financial spiral is no longer getting worse. Many clients describe a sense of steadiness they did not think was possible just months earlier.

These results do not happen overnight. But for many people, Chapter 7 is the turning point that makes life feel possible again.

What Assets May Be Protected During a Chapter 7 Case

Many people worry they will lose everything if they file for bankruptcy. In most Chapter 7 cases, that fear is unfounded. Louisiana law includes a list of property types that may be protected from liquidation during your case. These protections are called exemptions. They are built into the law to help you keep the items you rely on to live. They also protect the tools you use to work and care for your family.

Under Louisiana Revised Statutes § 13:3881, exemptions apply to both personal and household property. Most people who qualify for Chapter 7 are able to keep everything they currently own. A Lafayette bankruptcy lawyer can help you apply these protections correctly so that nothing important is left out.

Properties that may qualify for exemptions include:

• Equity in your primary residence. Louisiana offers one of the most generous homestead exemptions in the country, which often protects your home in full.
• A single vehicle per household. If your car or truck falls under the equity limit, you may be able to keep it.
• Basic household furniture and appliances. Everyday items are usually considered necessary and are protected under state law.
• Retirement accounts or pension funds. Most qualified retirement plans are fully exempt and cannot be touched by creditors.

Chapter 7 is not designed to punish you. It is meant to help you move forward without starting from zero. These exemptions exist because the law recognizes that people need basic protection. You may need a place to live. You may also need a way to get to work and care for your household. Bankruptcy law protects those essentials so you can regain financial stability and focus on rebuilding.

What to Look For in a Lafayette Bankruptcy Lawyer

The lawyer you hire should do more than file documents on your behalf. They should understand what you are facing and offer honest advice tailored to your goals. You need someone who listens. You also need someone who answers your questions and helps you feel more in control of the process.

Experience with bankruptcy law matters. Local insight matters too. Working with someone who has handled cases in Lafayette means fewer surprises and better preparation. Qualities that set great bankruptcy lawyers apart are:

• They know how local cases move through the court. Someone who has worked with Lafayette trustees before will know what to expect and how to avoid delays.
• They return your calls and explain things clearly. You should never be left wondering what comes next or what something means.
• They focus on bankruptcy every day. When this is all they do, they tend to spot issues early and fix problems fast.
• They stay in touch after the filing. You want someone who checks in and helps with next steps, not someone who disappears once the forms are submitted.
• They meet with you directly. Your case should not be handed off to a clerk or someone you have never spoken to.

Filing for bankruptcy is a major step, and the person you choose to represent you can make all the difference. A great lawyer will never treat your case like a number. They will take time to prepare your case. They will keep you informed. They will also make sure you are not left guessing or second-guessing important steps. That kind of support can make the entire process less stressful and far more effective.

Who Qualifies for Chapter 7 Bankruptcy in Louisiana?

Chapter 7 is meant for people who can no longer keep up with their debt. This is not because they are irresponsible, but because their income is too low or their obligations are too high. 

The means test is a tool used to determine whether you qualify based on these financial realities. It compares your average income to state guidelines and subtracts allowed expenses to see if you meet the threshold for relief.

Breaking Down the Chapter 7 Means Test Step by Step

Here is what you will need to complete the means test:

• Recent pay stubs showing your income over the last six months. This helps the court determine your average income and whether it falls within the allowed range.
• Your last two years of tax returns. These give context for your income history and help confirm the financial details in your petition.
• Documented monthly expenses like rent, food, gas, and insurance. These are deducted from your income to see what is left over, if anything.
• Records of regular debt payments. Includes things like car loans, wage garnishment, support orders, debt settlements, and other recurring obligations should also be listed, especially if they affect your ability to repay creditors.

Putting this information together can feel overwhelming at first, but help is available. A Lafayette Chapter 7 bankruptcy lawyer can help you gather your paperwork. We will also explain how deductions are applied and walk you through how each number fits into the overall picture. This step is critical to getting approved. Having someone on your side can make the process feel more manageable from the start.

FAQs About Chapter 7 in Lafayette

• Who are the local officials? Judge John W. Kolwe and Trustee Lucy Sikes handle most Lafayette Chapter 7 cases.
• Who conducts the 341 meeting, and where is the meeting? This mandatory meeting is conducted by Ch . 7 Trustee Lucy Sikes over Zoom Video conference so that you can attend from work or home; we will prepare you ahead of time and provide you with a list of questions the Trustee is likely to ask, and we will also attend the meeting from our office via Zoom Video Conference.
• How long does a Lafayette Chapter 7 take? Most cases are completed in about 4–6 months.
• Can I keep my car? Often, yes, if it’s within exemption limits or encumbered by a loan, and you are current on the payments, you can typically continue with the payments and keep the car. If you are behind on the payments and cannot catch up before filing, you may consider a Chapter 13 payment plan. 

Call a Chapter 7 Bankruptcy Lawyer in Lafayette for Help Today

 At Simon Fitzgerald LLC, Louisiana’s oldest bankruptcy law firm, our Lafayette team has guided thousands of families through Chapter 7. We know how stressful creditor calls and lawsuits 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.