By Eric S. Neumann

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Criminal Defense

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Last Modified on Oct 07, 2026

When debt becomes unmanageable, bankruptcy might be an option to help you deal with certain debts. You should identify which chapter applies to you based on your income, assets, debts, and financial objectives when determining how to file bankruptcy in Louisiana.

Both federal and state bankruptcy laws oversee the process for filing. Individuals most commonly file bankruptcy under Chapter 7 or Chapter 13.

About Eric S. Neumann, Attorney at Law

Eric S. Neumann, Attorney at Law provides representation to clients across Louisiana, primarily in Lafayette and other Acadiana parishes like Acadia, Vermilion, Iberia, St. Martin, St. Mary, and St. Landry. Our small firm prides itself on giving clients personal attention and responsive service. We also take the time to explain how your family and finances are affected by the legal issues you face.

Learn Which Chapter to File

The main options for those looking to file for bankruptcy are Chapter 7 and Chapter 13. With Chapter 7, those filing typically see their nonexempt assets sold off to pay debts before getting a discharge. Chapter 13 debtors have regular income and repay creditors according to a plan, typically paid through monthly payments made for three to five years.

Individuals filing bankruptcy should first determine which chapter applies to their situation. Most filers need to fill out the current version of Official Form 122A-1.

Chapter 7 includes what is known as the means test. This test determines if your income and expenses allow you to file Chapter 7 bankruptcy. For Chapter 13, your income is used to calculate what you have to repay creditors.

Nationwide, the number of bankruptcy filings has been rising. The U.S. Courts report that 574,314 bankruptcy cases were filed nationwide in 2025, up 11% from 517,308 in 2024. For non-business cases in 2025, Chapter 7 accounted for 356,724 and Chapter 13 for 207,889.

Get Credit Counseling

Credit counseling is a requirement for all individual Chapter 7 debtors and Chapter 13 debtors. You need to receive credit counseling from an approved agency within 180 days before you file your bankruptcy case. However, you do not have to delay filing if you have not completed credit counseling yet.

Credit counseling is not the same as debtor education, which you may need to complete after you file. Debtors are typically required to complete both credit counseling and debtor education to receive a bankruptcy discharge.

Organize Financial Records

When people file bankruptcy, they are required to list information about their finances, assets, debt, expenses, and recent financial transactions. Begin collecting relevant information and documents regarding:

• Your income
• Expenses
• Tax returns
• Personal property
• Vehicles
• Money you owe
• Loans
• Mortgage information

As you begin collecting information to file bankruptcy, make sure all creditors are listed on your bankruptcy schedules. Failure to list property or debts can result in issues with your case.

File Your Petition With the Court

Unlike many other types of civil claims, bankruptcy cases are filed in federal court, not Louisiana state court. The U. S. Bankruptcy Court serves most people in the Lafayette area for the Western District of Louisiana. The John M. Shaw United States Courthouse that serves Lafayette is located at 800 Lafayette Street, Suite 2100, Lafayette, Louisiana 70501.

Attend Meeting of the Creditors

Upon filing the bankruptcy petition, debtors are required to attend what’s called the meeting of creditors. Although creditors can attend this meeting, it is not really a court hearing. A bankruptcy judge does not preside. Instead, the trustee can swear you in to answer questions about your finances, assets and liabilities, and information provided in your bankruptcy papers.

Complete Creditor Education

Along with pre-filing debtor education, there is a second educational course debtors must complete after filing bankruptcy. Typically, Chapter 7 filers need to submit proof they’ve finished a required financial management class within 60 days following the initial creditors’ meeting date. The deadline for Chapter 13 debtors is generally before discharge.

Hire a Bankruptcy Lawyer

When you hire a bankruptcy lawyer, you can get help determining whether you qualify under Chapter 7 or 13, how to fill out required schedules and financial documents, and how to deal with any issues that may arise.

Additionally, a Louisiana bankruptcy attorney can spot property you might lose before you file and make sure your bankruptcy paperwork meets federal and local bankruptcy court requirements.

FAQs

How Much Does It Cost to File Chapter 7 Bankruptcy in Louisiana?

The cost to file for Chapter 7 bankruptcy in Louisiana changes over time. Fees typically include the filing fees, administrative fees, and trustee surcharges.

Some filers may be able to pay the fees in installments. You may request the court to waive the fees if you cannot afford them. Contact a bankruptcy lawyer to learn about your financial requirements and options.

Do They Freeze Your Bank Account When You File Chapter 7?

Freezing your bank account normally does not happen when you file Chapter 7. However, any money in the account at filing may become part of the bankruptcy estate and must be disclosed properly on bankruptcy forms.

Whether you get to keep that money often comes down to the exemptions you’re eligible for. Your bank may also place temporary restrictions on your account under certain circumstances, so it’s important to understand how filing bankruptcy could affect your accounts beforehand.

What Should I Not Do Before Filing Chapter 7 in Louisiana?

Before filing for Chapter 7 in Louisiana, do not hide assets, transfer property, destroy financial records, or lie about your finances. In general, a bankruptcy court can deny your discharge if you fraudulently transfer or hide property within one year of filing, or if you fail to keep or preserve financial records. For this reason, you should be prepared to explain any major financial transactions that occur in the months before you file for bankruptcy.

How Many Years Do You Have to Wait Between Chapter 7 Bankruptcy?

You have to wait eight years between Chapter 7 bankruptcies if you have previously filed. The eight-year waiting period begins on the filing date of the prior case and ends on the filing date of the new case. It does not matter when the court entered the discharge in the prior case.

Contact Eric S. Neumann, Attorney at Law

If you need assistance filing for bankruptcy in Louisiana, contact Eric S. Neumann, Attorney at Law today.