Louisiana Debt Relief Counsel
Chapter 13 Bankruptcy Attorney in New Orleans
A structured repayment plan may help you protect important property, address missed mortgage or vehicle payments, and regain control of your finances.
How Chapter 13 Bankruptcy Works
Chapter 13 is designed for individuals with regular income. It allows a debtor to propose a court-supervised plan to repay all or part of their debts over time—usually three to five years. During the plan, payments are generally made to a Chapter 13 trustee, who distributes funds to creditors according to the confirmed plan.
Every financial situation is different. Attorney Ralph Bickham evaluates income, expenses, assets, secured debts, tax obligations, and long-term goals before recommending a filing strategy.
What Chapter 13 May Help You Address
Mortgage Arrears
A plan may provide time to catch up on qualifying missed payments while maintaining current obligations.
Vehicle Loans
Depending on the facts, Chapter 13 may help address a threatened repossession or overdue vehicle payments.
Collection Pressure
Filing generally activates an automatic stay that stops many collection actions while the case is pending.
Property Protection
Chapter 13 can offer a path to retain property while paying creditors through a court-approved plan.
The Chapter 13 Process in Louisiana
- Case assessment: Review debts, assets, income, expenses, prior filings, and available alternatives.
- Preparation: Complete required credit counseling and gather financial records, tax information, and supporting documents.
- Filing: File the petition, schedules, statements, and required disclosures with the appropriate bankruptcy court.
- Repayment plan: Propose a plan explaining how qualifying claims will be treated.
- Trustee and court review: Attend the meeting of creditors and address confirmation requirements.
- Plan completion: Make required payments and satisfy applicable duties before seeking a discharge.
Chapter 13 or Chapter 7?
Chapter 7 generally focuses on discharging eligible debts without a multi-year repayment plan, while Chapter 13 uses future income to fund a court-approved plan and may offer additional tools for addressing arrears or protecting property. The right choice depends on eligibility, assets, income, debt type, and your objectives.
Frequently Asked Questions
Can Chapter 13 help me keep my home or vehicle?
It may, depending on the timing, equity, loan terms, ability to make ongoing payments, and the proposed treatment of arrears. A prompt review is especially important when foreclosure or repossession is threatened.
How is the monthly plan payment determined?
The payment depends on several factors, including disposable income, secured and priority claims, nonexempt property, and applicable bankruptcy requirements.
How long does a Chapter 13 plan last?
Most plans run for three to five years. The required length depends on the debtor’s circumstances and governing law.
What happens if I miss a plan payment?
Missed payments can put a case at risk. Contact counsel quickly because available options depend on the reason, timing, and status of the case.
Does Chapter 13 eliminate every debt?
No. The treatment and dischargeability of a debt depend on its type and the facts of the case. Certain obligations may survive bankruptcy.
Experienced Federal Bankruptcy Representation
Ralph Bickham has practiced law since 2006 and is admitted to the U.S. Court of Appeals for the Fifth Circuit and the U.S. District Courts for the Eastern, Middle, and Western Districts of Louisiana. Bickham Law serves clients from its New Orleans office at 650 Poydras Street, New Orleans, Louisiana 70130.
Discuss Your Options With Bickham Law
Get a careful assessment of whether Chapter 13, Chapter 7, or a non-bankruptcy alternative may fit your circumstances.
This page provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Results depend on the facts and law applicable to each matter.