Apr 29, 2021 · Your first charge is for the bankruptcy filing fee. For a Chapter 7 filing in California, you’ll provide $338. For a Chapter 13 case, the fee is $313. Bankruptcy Trustees can also charge a small fee when you file. The court also requires you to receive credit counseling before filing. This online course can cost anywhere from $25 to $50.
Jul 16, 2020 · The cost of hiring a bankruptcy attorney varies widely based on your location’s market rate and the complexity of your case. In general, costs ranging from $500 to $3,500 are considered typical for Chapter 7.
In a Chapter 7 bankruptcy case, the court sells the debtor’s non-exempt assets. The proceeds of the sale of those assets are used to pay creditors. Their interests are prioritized under the U.S. Bankruptcy Code. Many creditors walk away with little or nothing, and the debtor is discharged in bankruptcy.
If that plan is accepted by the bankruptcy court, the debtor will be allowed to make installment payments to the court over a period of three to five years.
All bankruptcies in the United States are heard in the U.S. Bankruptcy Court. The good news about that is the filing fees for a bankruptcy case are uniform across the country.
It’s never recommended that you represent yourself pro se in any legal action. Any bankruptcy case can get complicated very quickly. Without a quality bankruptcy attorney, your case could get stalled or even dismissed.
Your first charge is for the bankruptcy filing fee. For a Chapter 7 filing in California, you’ll provide $338. For a Chapter 13 case, the fee is $313. Bankruptcy Trustees can also charge a small fee when you file.
The least expensive of all options is to file “pro se” which is to go without legal representation. This is almost always a poor choice when dealing with something as complex as bankruptcy law. You can mess up a tiny detail in your filing, have it tossed out, lose your filing fees, and have to wait years for another chance at filing.
The more complications your case has the more an attorney may have to charge you. Having multiple properties and assets and earning a large yearly income can require a lot more skill and preparation on the part of the bankruptcy lawyer. Carrying a lot of recent credit debt can mean your case carries a higher level of difficulty.
Elena Steers is a highly experienced bankruptcy attorney, the founder of Law Offices of Steers & Associates, and previously worked as a Bankruptcy Trustee Assistant at the Office of the Chapter 13 Trustee in Los Angeles. Her current affiliations include the State Bar of California, National Association of Consumer Bankruptcy Attorneys, and Central District Consumer Bankruptcy Attorneys Association.
The majority of attorneys accept a flat fee for their services in Chapter 7 and Chapter 13 bankruptcy filing. This price is agreed upon by the lawyer and the client and it should be in writing on a signed document. It should also spell out what’s not covered by a flat fee.
California’s high cost of living and large metro areas put prices above average when compared to the rest of the U.S. Just like any other product or service, you may pay more in a big city than in a small town.
Chapter 7 bankruptcy vs. Chapter 13 bankruptcy. There are two common types of bankruptcy you might consider as an individual consumer: Chapter 7 bankruptcy and Chapter 13 bankruptcy. With Chapter 7 bankruptcy, many of your assets are liquidated , and the proceeds are used to repay your creditors.
Filing fees and other miscellaneous costs required to file a bankruptcy petition typically range from $300 to $400.
While credit card debt and many other forms of debt can be eligible for discharge when you file Chapter 7, some are not . Examples of ineligible debts include alimony or child support, some taxes, certain student loans and more. If you have nondischargeable debt, you’ll be responsible for repaying it even if you file for Chapter 7 bankruptcy.
You develop a plan to repay your debts over a period of three to five years, giving you an opportunity to retain more of your assets than if you filed for Chapter 7 bankruptcy.
To protect consumers from being charged excessive fees, bankruptcy judges have the right to review attorney costs to ensure they’re reasonable. In fact, many courts have established “no- look” fees, which set a threshold under which the court typically won’t review your attorney costs (though it’s still an option at the discretion of the court).
Many agencies charge a nominal fee for this service, which can cost around $50, according to the Federal Trade Commission. If you can’t afford to pay, you may be able to get the fee waived.
Fees for a Chapter 13 filing generally range from $2,500 to $6,000, but you don’t usually have to pay the entire fee upfront. You may be able to pay part of it before you file and cover the rest through your debt-repayment plan.