Will you still be able to file?

Most Louisiana residents will still be able to file under Chapter 7.  What you hear in the media is not exactly legal advice!  Your case is dependant on the facts that apply.  The new law tightens up a lot of the Bankruptcy Code,  but whether it effects you depends on a lot of particular facts,  including:

       IS YOUR INCOME OVER THE "STATE MEDIAN INCOME" FOR LOUISIANA?

We call this the "means test".   If people are making too much money,  Congress wants them to get into a Chapter 13 Plan, which is still Bankruptcy, but includes a payment of something to your creditors.   The Census publishes "Median Income" statistics.  We will have to use your income for the last six months and if it is UNDER the Median you can still file Chapter 7.

In 2009, the median income for a single wage earner in Louisiana was $36,945; for a family of two, $46,741; for three, $52,628; and for four, $66,634. For each additional member of your household in excess of four add $6,900. If the median income is more than your annualized monthly income (average monthly income for the previous three months multiplied by 12), you qualify for Chapter 7 in Louisiana. NOTE THAT THESE AMOUNTS CHANGE AND THERE IS MORE CALCULATION TO DO, INCLUDING DEDUCTIONS ALLOWED: USE THIS FOR A GENERAL IDEA ONLY AS THERE ARE THINGS WE CAN DO WITH THESE NUMBERS TO QUALIFY IN MANY CASES BY DEDUCTING TAXES, HOUSE NOTES AND OTHER PAYMENTS!!!

FINAL ANSWER - Yes, everybody can still file Bankruptcy.  Some people who make more than the median income of Louisiana will have to file a Chapter 13 and set up a plan to pay something on debts - but that is still a type of Bankruptcy, and still does not require you to pay 100% of your unsecured debts.  So do consult a Bankruptcy practitioner to determine what this means for you.  YOUR CASE IS SPECIAL and so you shouldn't take advice of make decisions without special consideration of your facts and professional advice!

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