U.S. Bankruptcy Court for the Western District of Louisiana
U.S. Bankruptcy Court for the Western District of Louisiana serves Louisiana. Below are law firms that practice in Louisiana.
Law firms in Louisiana
View all →Becker & Hebert, L.L.C.
Claim this firmLafayette, LA
Editor noted: Focus and practice areas — The practice sits in Lafayette, Louisiana, and has done so since 1987.
Chehardy Sherman Williams
Claim this firmMetairie, LA
Editor noted: Focus and range of practice — The practice spans more than ten areas of law from a base in the Greater New…
The Baringer Law Firm, L.L.C.
Claim this firmBaton Rouge, LA
Editor noted: Where the practice began — The firm traces its roots to Schaneville & Baringer, founded in Baton Rouge in…
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Court guide
Choosing counsel for the U.S. Bankruptcy Court for the Western District of Louisiana: a client's guide to litigation in this court
VerifiedLawFirms editorial · Updated 2026-07-17 · Editor-reviewed 2026-07-17
Five linked sections, one continuous guide. The sources cited below apply throughout.
What the U.S. Bankruptcy Court for the Western District of Louisiana is and how it relates to its district court
The U.S. Bankruptcy Court for the Western District of Louisiana is a unit of the U.S. District Court for the Western District of Louisiana. It sits within the federal system in Louisiana and hears matters that arise under title 11 of the United States Code, the Bankruptcy Code. The district court holds the judicial power granted by Article III. The bankruptcy court exercises a defined portion of that power through a standing order of reference. Congress built this arrangement in 28 U.S.C. § 157, which lets each district refer bankruptcy cases and proceedings to its bankruptcy judges. The Western District has done so, and nearly every petition filed in this part of Louisiana reaches the bankruptcy court before it ever reaches a district judge.
Bankruptcy judges here are judicial officers appointed under 28 U.S.C. § 152. The Fifth Circuit, the court of appeals for this circuit, appoints them to fourteen-year terms. They are not Article III judges, so they hold no life tenure. That distinction matters when you weigh what the court may finally decide and what it may only recommend. A bankruptcy judge in the Western District runs the docket, holds hearings, rules on motions, confirms plans, and tries the disputes that fall within the court's authority. The clerk's office keeps the record, sets hearings, and issues the notices that move a case forward.
Jurisdiction over bankruptcy flows from 28 U.S.C. § 1334, which gives the district courts original jurisdiction over cases under title 11 and over civil proceedings arising under, arising in, or related to a title 11 case. The district court then passes those matters to the bankruptcy court through the reference. When a reason exists to pull a proceeding back, the district court may withdraw the reference under § 157(d), on its own motion or on a party's request. Withdrawal happens in a minority of matters. It tends to surface when a dispute turns on substantial questions of federal law outside the Code, or when a jury trial right cannot be handled below.
The line between core and non-core proceedings shapes the bankruptcy court's power to enter a final order. Section 157(b) lists core proceedings, the matters at the heart of a case under title 11. Allowance of claims, objections to discharge, plan confirmation, motions to lift the automatic stay, preference actions, and orders approving the sale of estate property all count as core. In a core matter the court may hear and determine the dispute and enter a final judgment, subject to appeal. Non-core proceedings differ. These relate to the case but rest on rights that exist apart from title 11, such as a debtor's state-law contract claim against a stranger to the bankruptcy.
Under § 157(c)(1) the court may hear a non-core proceeding but ordinarily submits proposed findings of fact and conclusions of law to the district court, which reviews them de novo and enters the final judgment. Parties can also consent, letting the court decide a non-core matter outright under § 157(c)(2). The Supreme Court complicated this map in Stern v. Marshall, 564 U.S. 462 (2011). The Court held that a bankruptcy judge, lacking Article III status, could not enter final judgment on a state-law counterclaim even though the statute labeled it core. That created a narrow set of claims that are statutorily core yet constitutionally beyond final decision below.
The trial and appellate courts have worked through the aftermath. In Executive Benefits Insurance Agency v. Arkison, 573 U.S. 25 (2014), the Court held that when the court cannot enter final judgment on such a claim, it may still issue proposed findings for the district court to review. In Wellness International Network, Ltd. v. Sharif, 575 U.S. 665 (2015), the Court held that parties may consent, including through their conduct, to final adjudication by a bankruptcy judge. The earlier ruling in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), began this whole conversation by striking down the broad grant of power in the 1978 Act.
Appeals from the bankruptcy court in the Western District of Louisiana run first to the district court under 28 U.S.C. § 158(a). The Fifth Circuit does not operate a bankruptcy appellate panel, so the intermediate stop is a district judge rather than a panel of judges. Only five circuits, the First, Sixth, Eighth, Ninth, and Tenth, run BAPs, and the Fifth is not among them. After the district court rules, a further appeal lies to the U.S. Court of Appeals for the Fifth Circuit under § 158(d), with review beyond that available in the Supreme Court by certiorari. A direct appeal to the Fifth Circuit is possible in limited cases when the courts certify it under § 158(d)(2).
Venue rules tell a debtor where to file. Under 28 U.S.C. § 1408, a debtor files where it resides, is domiciled, has its principal place of business, or holds its principal assets, measured over the greater part of the preceding 180 days. Related proceedings follow under § 1409. For counsel, the core question carries practical weight. A lawyer who can place a dispute on the core spectrum can predict whether the court will enter judgment or write a recommendation. That prediction affects timing, the standard of review on appeal, and the value of consenting to the court's authority. It also drives jury strategy, because the court cannot hold a jury trial without a special designation from the district court and the parties' agreement.
How a dispute reaches the bankruptcy court at all depends on the chapter under which the debtor files, and each chapter carries its own path through the case.
The chapters in practice: chapter 7, chapter 13, chapter 11, and chapter 12
Every case begins with a choice of chapter, and that choice sends the debtor down a distinct road through the bankruptcy court. Individuals, married couples, corporations, partnerships, and family farmers each have options under title 11. Some want a clean end to their debts. Others want time to reorganize or to cure a mortgage default. The bankruptcy court sorts these petitions by chapter and applies the eligibility rules, the deadlines, and the confirmation standards that belong to each. Nationwide, filings climbed over the past year. The courts received 529,080 petitions in the twelve months ending March 31, 2025, a rise of 13 percent, and 86 of the 90 bankruptcy courts reported higher numbers.
Chapter 7 is the liquidation option and the most common filing. A trustee takes control of the debtor's non-exempt property, sells it, and distributes the proceeds to creditors by priority. Most individual chapter 7 cases are no-asset cases, where exemptions cover everything and unsecured creditors receive nothing. Eligibility runs through the means test in 11 U.S.C. § 707(b), which compares a debtor's income to the state median and screens for abuse. An individual who passes receives a discharge under § 727, wiping out most unsecured debts. A business that files chapter 7 usually shuts down while the trustee winds up its affairs. The bankruptcy court oversees the trustee, hears objections to exemptions, and rules on complaints that challenge the discharge.
Individuals with regular income who want to keep property turn to chapter 13. The debtor proposes a plan to repay creditors from future earnings across three to five years, governed by 11 U.S.C. § 1322 and confirmed under § 1325. A homeowner behind on the mortgage can cure the arrears through the plan while staying current going forward. Debt limits apply, and only individuals, not corporations, may file. The chapter 13 trustee collects plan payments and distributes them. Confirmation is where the fights happen, and the court weighs feasibility, good faith, and whether unsecured creditors receive at least what they would in a chapter 7 liquidation.
Reorganization runs through chapter 11, the tool for businesses that need to restructure debt and keep operating, though individuals with large debts use it too. The debtor usually stays in control as a debtor in possession, exercising the powers of a trustee under 11 U.S.C. § 1107. Creditors organize into committees. The debtor circulates a disclosure statement under § 1125, then seeks confirmation of a plan under § 1129. A plan can restructure secured debt, compromise unsecured claims, sell divisions, or hand ownership to creditors. Large cases can run for a year or more, and the professionals require court approval of their retention and fees. The bankruptcy court presides over each contested step, from cash collateral disputes early on to the confirmation hearing at the end.
Smaller businesses got a faster track when Congress added subchapter V to chapter 11 in the Small Business Reorganization Act. A debtor who qualifies as a small business under the debt threshold can elect subchapter V, which trims some requirements, installs a trustee to help move the case, and lets the owner keep equity in more situations than an ordinary chapter 11 allows. The election changes the tempo and the leverage between the sides. Counsel who practice in this bankruptcy court watch the debt limit closely, because it has shifted over time and controls who may use the streamlined path.
Family farmers and family fishermen have chapter 12, defined in 11 U.S.C. § 101(18) and § 101(19). It borrows from chapter 13 but bends to the rhythm of agriculture. Plan payments can track a harvest or a fishing season rather than a monthly wage. The chapter recognizes that a farm's income arrives in uneven bursts, and it gives operators tools to write down certain secured debts to the value of the collateral. The bankruptcy court applies the eligibility tests with those seasonal realities in mind. Chapter 12 filings are far fewer than the other chapters, yet for an eligible farm in the Western District of Louisiana the relief can decide whether the family keeps the land.
The chapter a client picks also fixes the shape of the professional's work. A chapter 7 case can close in months, while a chapter 11 can consume years and a shelf of pleadings. A chapter 13 lives or dies on the monthly budget the debtor can sustain. Counsel who handle all four chapters can tell a struggling business or a burdened family which door fits the facts, and can spot the moment when a case should convert from one chapter to another under 11 U.S.C. § 706 or § 1112. Conversion carries consequences for property of the estate and for the trustee's role, so the decision deserves study before anyone files a motion.
Beyond the chapter choice, the debtor's schedules and statement of financial affairs frame the whole case. Errors and omissions there invite objections, denials of discharge, and even criminal referrals. A firm that prepares these documents with care reduces the risk that a routine filing turns into contested litigation. The trustee reads them line by line, and the office of the United States Trustee, a component of the Department of Justice, monitors the case for abuse and can move to dismiss or to appoint a trustee when the record warrants.
Once a case is open, the disputes begin, and the bankruptcy court handles them through two distinct procedural tracks.
Litigation inside a bankruptcy: adversary proceedings, contested matters, the stay, and avoidance actions
The automatic stay takes hold the instant a petition is filed. Under 11 U.S.C. § 362, the filing halts most collection efforts at once. Lawsuits, foreclosures, repossessions, garnishments, and collection calls all stop. Creditors who want to proceed must ask the bankruptcy court for relief from the stay under § 362(d). They must show cause, such as a lack of adequate protection, or show that the debtor has no equity in property that a reorganization needs. A creditor who violates the stay can face damages. The stay gives the debtor breathing room and gives the bankruptcy court a single forum to sort competing claims.
Litigation inside a case splits into two tracks. Adversary proceedings are full lawsuits filed within the bankruptcy, governed by Part VII of the Federal Rules of Bankruptcy Procedure. Fed. R. Bankr. P. 7001 lists what must proceed this way, including actions to recover money or property, to determine the validity of a lien, to obtain an injunction, to revoke a discharge, and to determine the dischargeability of a debt. An adversary proceeding opens with a complaint, a summons, and a deadline to answer, and it borrows much of the machinery of ordinary federal civil practice through rules that track the Federal Rules of Civil Procedure. Discovery, motions to dismiss, summary judgment, and trial all appear here. The bankruptcy court manages these suits much as a district court manages its civil docket.
Contested matters are the other track, and they cover most of the day-to-day disputes. Fed. R. Bankr. P. 9014 governs them. A contested matter starts with a motion rather than a complaint, moves faster, and often resolves at a single hearing. Relief from the automatic stay, objections to claims, motions to use cash collateral, motions to assume or reject a lease, and plan confirmation objections all move as contested matters. The bankruptcy court can order that a contested matter follow some of the adversary rules when the stakes justify the added process. Knowing which track a dispute belongs to keeps a case on schedule and avoids dismissal on procedure.
Preferences are among the most common recovery actions. Under 11 U.S.C. § 547, a trustee or a debtor in possession can claw back certain payments a debtor made to creditors in the ninety days before filing, or within one year for insiders. The theory is equality among creditors. A creditor who grabbed payment on the eve of bankruptcy should not keep an edge over others in the same class. Defenses exist, including the contemporaneous exchange defense, the ordinary course of business defense, and the subsequent new value defense. A preference fight often turns on invoices, payment histories, and the timing of shipments, and the bankruptcy court weighs those facts against the statutory elements.
Fraudulent transfers reach further back. Section 548 lets the estate undo transfers made with actual intent to hinder, delay, or defraud creditors, and transfers made for less than reasonably equivalent value while the debtor was insolvent, generally within two years of filing. Through 11 U.S.C. § 544, the trustee can also borrow Louisiana law, including the state's revocatory action, to reach transfers under a longer state reach-back period. These actions target sweetheart deals, transfers to relatives, and value that left the estate for nothing. Proof of intent often rests on badges of fraud, the circumstantial markers courts have long recognized. The court examines the transfer, the consideration, and the debtor's solvency at the time.
Creditors move on predictable levers. They file proofs of claim, and when a claim draws an objection they defend it. They seek relief from the stay to foreclose or repossess. They object to plan confirmation when a plan pays too little or rests on shaky numbers. Secured creditors press for adequate protection, asking for payments or replacement liens to guard against a decline in collateral value. Unsecured creditors, often through a committee in a chapter 11, investigate the debtor's dealings and can pursue avoidance actions when the estate stands to benefit.
Debtors work their own set of tools. They ask to use cash collateral to keep operating. They seek approval to sell assets free and clear under 11 U.S.C. § 363, sometimes through an auction. They move to assume favorable contracts and reject burdensome ones under § 365. They object to claims they dispute. In an individual case, the debtor may move to avoid a judicial lien that impairs an exemption under § 522(f). Each motion lands before the same judge who will decide the larger case, so credibility built early carries forward into every later hearing.
Dischargeability disputes deserve their own mention. A creditor who believes a debt arose from fraud, from a willful and malicious injury, or from a defalcation in a fiduciary role can file an adversary complaint under 11 U.S.C. § 523 to keep that debt alive after the case ends. These suits carry short deadlines measured from the meeting of creditors, and a creditor who misses the bar date usually loses the right forever. The court sets a scheduling order, the parties take discovery, and the matter proceeds to trial if it does not settle.
The interplay of these tools decides who recovers and how much. A trustee timing a preference suit, a creditor racing to lift the stay before a sale, a debtor pushing a plan toward confirmation, each works the same rules from a different seat. Counsel who try these matters regularly read a judge's tendencies on adequate protection, on cash collateral, and on the proof needed to win an avoidance claim. That familiarity shows up in how a motion is framed and when it reaches the clerk.
Appeals and the wider system: where this court's decisions go and how bankruptcy meets pending state-court cases
That same order, once the clerk dockets it and the judge signs it, becomes the thing an unhappy party wants to challenge. A losing motion or a final judgment does not close the dispute. When the bankruptcy court enters an order, the side that dislikes it looks first to appeal, and the path runs through the district court that houses this bankruptcy court. The Western District of Louisiana keeps its bankruptcy work inside the district court, so an appeal from the bankruptcy court goes to a United States district judge sitting in review. There is no separate bankruptcy appellate panel here. From the district court the road continues to the United States Court of Appeals for the Fifth Circuit.
Not every ruling can be appealed the instant it issues. Final orders are appealable under 28 U.S.C. § 158(a)(1), and the statute treats many discrete rulings in a bankruptcy court as final even though the larger case grinds on for months. An order lifting the automatic stay, a confirmed plan, an allowed or disallowed claim, an approved sale, each may count as final for appeal while the estate stays open. Interlocutory orders sit on the other side of that line. A party who wants to appeal one before the whole case ends must ask leave under 28 U.S.C. § 158(a)(3), and the district court decides whether the question earns early review. The Supreme Court sorted through part of this puzzle in Bullard v. Blue Hills Bank, holding that an order denying confirmation of a plan is not itself a final, appealable order.
Timing controls almost everything on appeal. A notice of appeal from the bankruptcy court is due within fourteen days of entry under Fed. R. Bankr. P. 8002, far shorter than the thirty days that governs most civil appeals. Miss it and the right usually vanishes. The rule allows a short extension in narrow circumstances, but careful counsel do not lean on that grace. Once the notice lands, the record goes up, briefing follows the schedule in the appellate part of the bankruptcy rules, and the district court reviews the bankruptcy court's legal conclusions without deference while leaving its factual findings alone unless clearly wrong.
Some circuits give litigants a second option. Five of them, the First, Sixth, Eighth, Ninth, and Tenth, run bankruptcy appellate panels, groups of bankruptcy judges who hear appeals from the other bankruptcy courts in their circuit. Those panels drew 329 filings in the year ending March 31, 2025. The Fifth Circuit is not among them, so a litigant in this bankruptcy court has no panel to choose. The appeal goes to the district court, full stop. That single track matters when you weigh cost against speed, because the district judges here carry heavy civil and criminal dockets alongside the bankruptcy appeals that reach them.
The pressure feeding those dockets is real. Bankruptcy petitions across the country reached 529,080 in that same twelve-month period, up 13 percent, and 86 of the 90 bankruptcy courts reported higher filings than the year before. When more cases enter a bankruptcy court, more contested matters follow, and more of those produce orders a party wants reviewed. This directory marks each firm's plan tier and discloses that the tier sets listing order, so a client comparing appellate experience across the bankruptcy court's practitioners reads the same disclosure on any profile they open. Ask counsel how a given judge and the district court handle the flow, because a crowded calendar can add months to an appeal.
Bankruptcy rarely lives alone. Most debtors arrive with lawsuits already pending in state court, and the filing of a petition triggers the automatic stay of 11 U.S.C. § 362, which freezes those suits the moment the case opens. A creditor who keeps litigating in state court after the stay attaches risks sanctions. The bankruptcy court can lift the stay to let a state case proceed, often when insurance will pay a personal injury claim or when the state forum is much further along. Counsel who practice here read a judge's habits on stay relief and shape the motion accordingly.
State claims can also move into the federal system. A party may remove a related state-court action under 28 U.S.C. § 1452, and the matter can then run before the bankruptcy court, subject to a remand request the court weighs on equitable grounds. What the bankruptcy court may finally decide depends on whether a claim is core or non-core under 28 U.S.C. § 157. The Supreme Court drew a constitutional limit in Stern v. Marshall, holding that a bankruptcy court could not enter final judgment on a state-law counterclaim that existed apart from the bankruptcy process, even though the statute labeled it core. After Stern, a bankruptcy court often submits proposed findings to the district court on such claims, or the parties consent to final adjudication.
Consent carries weight after Wellness International Network, Ltd. v. Sharif, where the Court held that parties may agree to let a bankruptcy court decide a Stern claim so long as the consent is knowing and voluntary. That ruling hands counsel a choice to make early. Agree to final adjudication in the bankruptcy court and accept the fourteen-day appeal clock, or withhold consent and route the claim through the district court on a longer path. The decision turns on the judge, the claim, and how quickly the client needs an answer that survives review in the Fifth Circuit.
A few appeals die on their own weight. The Fifth Circuit applies equitable mootness, a doctrine that can bar review of a confirmed plan once it has been substantially consummated, on the theory that unwinding it would harm third parties who relied on it. A related statutory rule, 11 U.S.C. § 363(m), protects a good-faith purchaser when a sale order is not stayed, so an appeal from the sale can turn worthless even if the buyer knew a challenge was coming. Counsel who want to keep a real fight alive move fast for a stay pending appeal, because winning the argument later means nothing if the asset is already gone.
State judgments do not disappear when a debtor files. A final state-court judgment can bind the bankruptcy court through claim and issue preclusion, and the Rooker-Feldman doctrine keeps a debtor from using the bankruptcy court as a back door to overturn a state ruling that has already become final. At the same time, the court decides dischargeability on its own, so a debt reduced to a state judgment can still be tested here for fraud or willful injury under 11 U.S.C. § 523. Sorting which court decided what, and when, is often the first task in a cross-system fight.
Choosing bankruptcy counsel for this court: debtor versus creditor practice, trustees, code-regulated fees, and dated verification
Section one described a bankruptcy court that is really a unit of the district court, hearing matters by reference and sending its appeals back up that same chain. That structure should shape whom you hire. A lawyer who knows this bankruptcy court also knows the district judges who review it and the Fifth Circuit standards that sit above both. Choosing counsel starts with matching the lawyer's usual seat to the seat you occupy. A debtor and a secured lender walk into the same courtroom with opposite goals.
Debtor work and creditor work look different from the first meeting. A debtor's counsel builds schedules, tests exemptions, answers the trustee, and steers a plan toward confirmation in the bankruptcy court. A creditor's counsel files proofs of claim and watches the automatic stay for violations. When collateral erodes, that lawyer presses for adequate protection or stay relief. Some firms do both, on separate files, and that range can help, because a lawyer who has argued each side reads the bankruptcy court's leanings from experience. Ask which side a firm sees most, and in which chapters.
Chapter choice changes the skill set too. A consumer Chapter 7 or 13 practice runs on volume and standard forms, and the same the bankruptcy bench hears hundreds of these each year. A business Chapter 11 turns on financing, cash collateral, and negotiation with a creditors committee, and a subchapter V small-business case adds its own timeline and its own trustee. Counsel who live in one lane may not fit another. A contractor winding down a failing company and a family filing to save a house need different lawyers, even before the same this court.
Trustees sit at the center of most cases, and a lawyer's standing with them is worth asking about. The United States Trustee, an arm of the Justice Department, watches for abuse, reviews fee applications, and can move to dismiss or convert. A panel trustee administers Chapter 7 estates and chases assets, including preference and fraudulent-transfer suits. A Chapter 13 trustee collects plan payments and distributes them to creditors. Counsel who appear before the same trustees week after week learn how each one reads a schedule or a claim. That standing comes from knowing whom to call and what proof each trustee expects.
Fees in this system are not a private matter between lawyer and client. The Bankruptcy Code regulates them, and the bankruptcy court reviews them. A professional the estate hires, such as debtor's counsel in Chapter 11 or a trustee's attorney, must be employed under 11 U.S.C. § 327 and paid only after the bankruptcy bench approves the fee under 11 U.S.C. § 330, with interim payments allowed under 11 U.S.C. § 331. Section 328 lets a court approve terms in advance, subject to later adjustment if they prove improvident. Even a debtor's own lawyer must disclose compensation under 11 U.S.C. § 329, and this court can order a refund of any fee that exceeds the reasonable value of the work.
Consumer clients see this oversight in plainer ways. A Chapter 13 fee often runs through the plan on a schedule the court accepts, sometimes a no-look figure that local practice recognizes without a detailed application. Firms that advertise to consumers may also fall under the debt relief agency rules of 11 U.S.C. §§ 526 through 528, which require certain disclosures and a written contract. When you compare quotes, ask what the fee covers, whether adversary proceedings cost extra, and how the bankruptcy bench in this district treats the arrangement. A low headline number that leaves out a lien-strip motion is no bargain.
A few practical checks separate a good fit from a risky one. Look for a lawyer who has tried contested matters in this this court, not just filed uncontested petitions. Ask how many plans the firm has confirmed, how it handles a stay-relief fight, and whether it has taken an appeal to the district court or the Fifth Circuit. Conflicts deserve a direct question, because a firm that represents a major local lender may not be free to sue that lender on your behalf. Get the engagement terms in writing, including who fronts filing costs and expert fees.
This directory helps with the part clients cannot easily see. Where a firm has earned verification, its dated checks are editor-reviewed, so the credentials, bar standing, practice focus, and contact details you read were confirmed on a stated day rather than copied from a firm's own page. Listings are ordered by plan tier, and that ordering is disclosed, so a higher position reflects the plan a firm holds, not a ranking of skill before the court. Use the dated checks as a first filter, then interview. A verification tells you the license is current. It does not tell you the lawyer is right for your Chapter 11 or your preference defense.
Remember where the case ends up. An order from this the bankruptcy bench can be reviewed by the district court and then the Fifth Circuit, so the lawyer you pick should think about the record from the first hearing, not the last. A motion framed with the appellate standard in mind survives longer. Counsel who understand that this court is one rung of a larger federal court, tied to the district judges above it, prepare their evidence and preserve their objections with the whole climb in view. That is the difference a client feels months later, when an order holds up or comes apart on review.
Sources & references
| [1] | Administrative Office of the U.S. Courts, 2025. Federal Judicial Caseload Statistics 2025. |
| [2] | Legal Information Institute, Cornell Law School, 2024. 28 U.S.C. § 158. |
| [3] | Legal Information Institute, Cornell Law School, 2024. 28 U.S.C. § 157. |
| [4] | Legal Information Institute, Cornell Law School, 2024. 11 U.S.C. § 362. |
| [5] | Legal Information Institute, Cornell Law School, 2024. 11 U.S.C. § 330. |
| [6] | Supreme Court of the United States, 2011. Stern v. Marshall, 564 U.S. 462. |
| [7] | Supreme Court of the United States, 2015. Bullard v. Blue Hills Bank, 575 U.S. 496. |
| [8] | Supreme Court of the United States, 2015. Wellness International Network, Ltd. v. Sharif, 575 U.S. 665. |
This guide is general information, not legal advice. Statutes and case law change; confirm current law with a licensed attorney in your state.
Frequently asked questions
Where do appeals from the Western District of Louisiana bankruptcy court go?
An appeal from this bankruptcy court goes first to the United States District Court for the Western District of Louisiana, since the bankruptcy unit sits within that district court. From there the case can continue to the United States Court of Appeals for the Fifth Circuit. There is no separate bankruptcy appellate panel in this circuit.
How long do I have to appeal a bankruptcy court order?
A notice of appeal is generally due within fourteen days after the order is entered under Fed. R. Bankr. P. 8002. That window is much shorter than the thirty days that applies to most civil appeals. A limited extension exists in narrow circumstances, but missing the deadline usually forfeits the right to appeal.
Does the Fifth Circuit have a bankruptcy appellate panel?
No. Only five circuits, the First, Sixth, Eighth, Ninth, and Tenth, operate bankruptcy appellate panels. Because the Western District of Louisiana falls in the Fifth Circuit, an appeal from the bankruptcy court goes to the district court rather than to a panel of bankruptcy judges.
What happens to my pending state-court lawsuit when someone files bankruptcy?
The filing triggers the automatic stay under 11 U.S.C. § 362, which halts most litigation and collection against the debtor the moment the case opens. Continuing to prosecute a state case after the stay attaches can draw sanctions. A creditor can ask the bankruptcy court to lift the stay so the state action may proceed, for example where insurance would pay a claim.
Can the bankruptcy court decide a state-law claim?
Sometimes, and it depends on the claim. Under Stern v. Marshall, a bankruptcy court cannot enter final judgment on certain state-law claims that exist independent of the bankruptcy, even when the statute labels them core. In those situations the court may issue proposed findings for the district court, or the parties may consent to final decision in the bankruptcy court.
What is the difference between core and non-core matters?
Core matters arise from the bankruptcy itself, such as claim allowance or plan confirmation, and the bankruptcy court can usually enter final orders on them under 28 U.S.C. § 157. Non-core matters are related disputes that could exist outside bankruptcy. For non-core claims the court's authority to enter a final judgment is more limited, which affects how the case is briefed and appealed.
Does the bankruptcy court control how much my lawyer charges?
In many cases, yes. Professionals hired by the estate must be employed under 11 U.S.C. § 327 and paid only on court approval under 11 U.S.C. § 330. A debtor's own attorney must disclose compensation under 11 U.S.C. § 329, and the bankruptcy court can order a refund of fees that exceed the reasonable value of the work.
Should I hire a firm that handles both debtor and creditor work?
A firm with experience on both sides often reads a judge's tendencies well, but conflicts can limit it. A firm that regularly represents a major local lender may not be able to sue that lender for you. Ask which side the firm handles most, in which chapters, and whether any current client would create a conflict in your case.
Why do lawyers move quickly for a stay pending appeal?
Because some appeals become worthless without one. Under 11 U.S.C. § 363(m), a good-faith purchaser at an unstayed sale keeps the asset even if the sale order is later reversed. The Fifth Circuit also applies equitable mootness, which can bar review of a confirmed plan once it is substantially consummated. A timely stay preserves the ability to win real relief later.
How do I verify a firm through this directory?
Where a firm in this directory has earned verification, its dated checks are editor-reviewed, so the credentials, bar standing, and practice focus shown were confirmed on a stated date rather than taken from the firm's own marketing. Listings are ordered by plan tier, and that ordering is disclosed openly, so position reflects the plan a firm holds and not a rating of ability. Use the dated checks as a starting filter, then interview the lawyer about your specific chapter and dispute.