how much are bankruptcy attorney fees

by Tabitha Kohler 5 min read

Depending on where you live and the complexity of your case, you should expect to pay a flat bankruptcy attorney fees from $500 to $2,000 for a Chapter 7, plus the filing fee. You can usually find attorneys charging $500 to $700 for filing, but do your research and meet with the attorney personally to gauge his or her expertise.

How much does it cost to file for bankruptcy?
Chapter 7Chapter 13
Filing fees$338$313
Attorney fees*$500 - $3,500$1,500 - $6,000
Total$838 - $3,838$1,813 - $6,313

Full Answer

What is the average cost of a bankruptcy attorney?

BANKRUPTCY ATTORNEY FEES. Our bankruptcy attorneys serve each client individually and develop a payment plan that fits their individual needs (27) … Dec 11, 2020 — Attorneys’ fees for Chapter 7 typically range from $1,000 to $1,750, with an average of $1,450. Other costs include the $338 filing fee. (28) … 10.

How much does a bankruptcy lawyer make?

Chapter 7 Attorney’s Fees. What about the attorney’s fees for different Chapters in Bankruptcy? Yes, the fees are going to be different as well. In a Chapter 7, the fees will be determined by most of the factors I described above. However, keep in mind that you will have to pay the Court filing fee, which tends to be more than a Chapter 13.

How much are bankruptcy lawyers?

Bankruptcy Attorney Fees Vary by Location. What is average in your area might not be so average in another area. Attorneys' fees vary by district and can even vary widely from state to state. Even so, fees ranging from $1200 to $2500 are considered ordinary. But don't be surprised if you find a lawyer to represent you for as low as $700.

How do I find an affordable bankruptcy attorney?

Apr 21, 2012 · Depending on where you live and the complexity of your case, you should expect to pay a flat bankruptcy attorney fees from $500 to $2,000 for a Chapter 7, plus the filing fee. You can usually find attorneys charging $500 to $700 for filing, but do your research and meet with the attorney personally to gauge his or her expertise.

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How much will my bankruptcy cost?

In order to avoid financial devastation, companies should take into account the cost of bankruptcy when determining how much debt to take on, or even whether they should add to their debt levels at all. The cost of bankruptcy can be calculated by multiplying the probability of bankruptcy by its expected overall cost.

What is the cost of filing Chapter 7 bankruptcy?

$335Filing fee — The cost to file for Chapter 7 is $335, and $310 for Chapter 13. Credit counseling fee — If you want to file for bankruptcy, you're required to receive credit counseling first. Many agencies charge a nominal fee for this service, which can cost around $50, according to the Federal Trade Commission.Jul 16, 2020

What Bankruptcy clears all debt?

Chapter 7 bankruptcyChapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.Oct 20, 2020

What is the difference between Chapter 7 and 13 bankruptcy?

The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.

What is the difference between Chapter 7 and 11 bankruptcy?

The main difference between Chapter 7 and Chapter 11 bankruptcy is that under a Chapter 7 bankruptcy filing, the debtor's assets are sold off to pay the lenders (creditors) whereas in Chapter 11, the debtor negotiates with creditors to alter the terms of the loan without having to liquidate (sell off) assets.

What debts Cannot be discharged?

8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...

What debts does Chapter 7 discharge?

What Debts Are Discharged in Chapter 7 Bankruptcy? A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start.Dec 2, 2019

Bankruptcy Attorney Fees Vary by Location

What is average in your area might not be so average in another area. Attorneys’ fees vary by district and can even vary widely from state to state...

Presumptively Reasonable Or “No-Look” Fee Amounts

The bankruptcy law gives judges the right to examine the fees charged by attorneys and order them refunded to the trustee if they are unreasonable....

Check Out Unusually Low Advertised Fees

If you see advertisements that promise unusually low attorneys’ fees for your area, be on alert. The advertisements might be deceptive. The attorne...

Fee Amounts Don’T Necessarily correspond to Attorney Qualifications

Unfortunately, the fee quoted often does not tell you anything about the qualifications of the attorney. Many attorneys provide a free initial cons...

What Your Bankruptcy Lawyer Should Do For You

Before you hire your bankruptcy attorney, you’ll want to evaluate whether the professional will deliver the level of service you need. You can expe...

How Much Does Bankruptcy Cost?

How much does it cost to file bankruptcy? Sadly, there is no easy answer. Though the expense of filing a petition to the court is fixed, what you’l...

How to Find Bankruptcy Attorney Costs in Your area?

Those are just averages, and fees have likely increased since the survey was conducted. In Chapter 13 cases, judges will review attorneys’ fees unl...

Bankruptcy Education Courses: $50

One small fee that you mustn’t forget covers credit counseling. Completion of two credit counseling courses is required for petitioners in both Cha...

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Although everyone who files for bankruptcy protection has unmanageable debts, some applicants are worse off than others. Be sure to fully document...

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Filing for bankruptcy will cost you even though you’re in no position to pay. Yes, in perhaps the ultimate Catch-22, you’ll need money to let your...

How much does it cost to file for bankruptcy in California?

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.

What is the least expensive bankruptcy option?

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.

What does it mean when you have multiple assets and a bankruptcy?

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.

Who is Elena Steers?

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.

Do bankruptcy attorneys charge a flat fee?

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.

Why is location important in California?

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.

How Much Does It Cost to File Bankruptcy in Florida?

The average cost to file Chapter 7 bankruptcy in Florida is around $1,500, plus filing fees. Our office charges legal fees of $1,425 (plus filing fees) for a basic and typical Chapter 7 bankruptcy of a debtor who is under median income and not required to complete a means test analysis.

Looking for help?

Contact us for a free consultation about whether you can file Chapter 7 bankruptcy and what it can do for you.

How much does a lawyer charge for bankruptcy?

In general, attorney fees for a Chapter 7 bankruptcy range from $1,000 to $3,500 depending on the complexity of the case. Larger firms with more advertising and overhead costs sometimes charge more than a solo practitioner, but not always. Some larger operations offer low fees and count on a higher volume of cases.

How much does a chapter 13 case cost?

Chapter 13 guideline fees are different for each judicial district. However, they are typically between $2,500 and $6,000 depending on the complexity of the case. For instance, if you own a business, the case will likely require more work and justify a higher fee.

What happens if you file Chapter 7?

Chapter 7 wipes out most unsecured debt in a Chapter 7 case, including attorneys' fees. So if you had a balance due when filing the matter, it would get discharged. Chapter 7 attorneys know this, of course, and require full payment. Learn how to find a bankruptcy attorney.

Do bankruptcy lawyers charge hourly?

Other attorneys will charge you an hourly rate, although it's uncommon in consumer bankruptcy cases. The more likely scenario is for the attorney to charge a flat fee for the bulk of the matter. The lawyer will charge an hourly fee for any extra work required for services like defending against an objection to discharge.

Do you have to pay a bankruptcy attorney upfront?

Fortunately, most attorneys don't require you to pay the entire Chapter 13 bankruptcy fee upfront. In most cases, attorneys will ask for a portion of their fees before filing your matter, and the remainder will get paid through your Chapter 13 repayment plan. How much a bankruptcy lawyer will require before filing will depend on each attorney ...

Do bankruptcy attorneys charge flat fees?

Many attorneys, especially bankruptcy attorneys, will charge a "flat rate" to represent you in a bankruptcy case. You'll pay a fixed amount for the attorney to represent you, regardless of the amount of time the attorney spends on your case. Other attorneys will charge you an hourly rate, although it's uncommon in consumer bankruptcy cases.

How much does it cost to file for bankruptcy?

The bankruptcy court filing fee for Chapter 7 bankruptcy is $338. It’s due when the bankruptcy petition is filed, unless the court grants an exception to this rule. Since Chapter 7 bankruptcy is only available to consumers who pass the means test, the bankruptcy laws provide two exceptions to this requirement.

What are the costs of bankruptcy?

Bankruptcy costs include court filing fees, credit counseling course fees, and if you hire a bankruptcy lawyer, attorney fees. The total cost will largely depend on your financial situation, the complexity of your case, and whether you file Chapter 7 or Chapter 13 bankruptcy. Written by Attorney Jenni Klock Morel.

What are the requirements for bankruptcy?

Everyone who files for bankruptcy must take two educational courses: 1 A credit counseling course must be taken before filing. 2 A debtor education course must be completed after filing.

Who is Jenni Klock Morel?

Jenni Klock Morel is a writer, nonprofit leader, and Social Justice Law Scholar. For years she practiced consumer bankruptcy law exclusively as a debtor's attorney, helping individuals and families file for Chapter 7 or 13 bankruptcy protection. Jenni left the practice of law to... read more about Attorney Jenni Klock Morel

What is mandatory credit counseling?

The purpose of mandatory credit counseling is to help you explore if bankruptcy is the right debt relief solution for you. The second course, debtor education, is a mandatory two-hour course in personal financial management designed to teach strategies on handling finances after bankruptcy.

How long does it take to file a Chapter 13 bankruptcy?

There's a much greater workload associated with filing a Chapter 13 case. Unlike Chapter 7 bankruptcies, which usually take around four months to complete, Chapter 13 cases are open for 3 to 5 years.

Can bankruptcy fees be flat?

Flat fees for filing bankruptcy can vary greatly depending on the complexity of your case. For example, owning property, having a lot of unsecured debt, recently acquired credit card debt, or having high income can increase attorney fees in a Chapter 7 case.

What are the fees for bankruptcy?

Factors that can add to fees include: 1 Filing for a business bankruptcy as well as a personal one 2 Whether you are filing jointly with your spouse or filing bankruptcy without your spouse 3 You have multiple sources of income 4 You have non-exempt assets 5 You have numerous assets or unusual assets 6 You earn more than your state’s median income for the size of your household 7 Having an extensive number of creditors 8 Having filed for bankruptcy before in the past eight years 9 Trying to stop another legal action such as a foreclosure filing against your property, an eviction, a bank levy or a repossession of property that served as loan collateral 10 Accusations that you committed fraud, or the likelihood that such accusations might be made 11 You have non-dischargeable debts such as student loans, child support, alimony or past-due taxes

How much does a Chapter 13 bankruptcy cost?

The Martindale-Nolo study showed an average of $3,000 for Chapter 13 cases, with ranges from from $2,500 to $5,000. Chapter 13 fees are often governed by the bankruptcy court in the particular district so fees vary widely from district to district.

How long does bankruptcy stay on credit report?

Though a successful Chapter 7 petition will discharge your debts, it will remain on your credit report for as long as 10 years , affecting your ability to borrow.

How much does Chapter 7 cost?

Chapter 7 fees generally range from a low of $1,000 to high of $1,750. Of course every case is different, and a number of factors can affect the cost of your case.

How much does it cost to take credit counseling?

The Office of the U.S. Trustee, the federal agency that oversees the counseling requirement, sets reasonable fees for such courses at free to $50. The course can be taken in person or online.

How long do you have to pay off Chapter 13?

A Chapter 13 resolution might not be as damaging, but it will require that you stick to a repayment plan for three to five years, even if the court reduces your debts. Given the consequences, discussing a disability or your advanced years with an attorney can help.

Can you file a Chapter 7 bankruptcy on your own?

If you fail to complete documents properly or on time, or if you face a creditor who questions your financial disclosures, you might find that you’re ill-equipped to handle your case. If done incorrectly, a Chapter 7 trustee can sell your assets.

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