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 Bankruptcy Attorney Cost
The role of an attorney in a Chapter 13 bankruptcy is significantly more involved than his role played in a Chapter 7 bankruptcy.
Cost of a Chapter 13 Bankruptcy Attorney – How Much Does a Bankruptcy Attorney Cost?
The cost of a Chapter 13 bankruptcy attorney varies geographically, but the typical fee is between $2200 and $3200 for the 3-5 years that the attorney will be representing you.
Hiring a Bankruptcy Attorney by the Hour
If you decide to hire a bankruptcy attorney who charges by the hour, you will probably be asked to pay a retainer fee, which is similar to a down payment. You'll then receive monthly bills that must be paid promptly.
Hiring a Bankruptcy Lawyer for a Flat Fee
Lawyers who handle fairly routine matters, such as writing a will or filing bankruptcies, may offer their services for a flat fee. The flat fee may not be all-inclusive, meaning you may still have to pay court fees and other related costs.
The Cost of Hiring a Bankruptcy Attorney
There are several questions you may have to ask to determine exactly how much it will cost to hire the bankruptcy attorney. Here are some questions that should help:
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.
What happens if you file Chapter 13 bankruptcy?
If you’re filing for Chapter 13 bankruptcy, your court will review your attorney fees unless they fall below the so-called “no-look” level that’s recognized as reasonable . This level varies from one district to another, so check with your local court before hiring an attorney.
How to find a pro bono lawyer?
There are a few ways to find a pro bono attorney. First, ask your local bankruptcy court for information about free legal clinics and local free legal aid resources. If you meet their guidelines, these organizations might be able to offer some help or connect you with pro bono bankruptcy attorneys.
How to file Chapter 7?
But if you’re in enough financial distress that you need to file Chapter 7, you’ll likely need to pay your attorney before he or she files your case. If you can’t afford these costs, you can: 1 Raise the money 2 Work out a payment plan before filing 3 Go pro bono, which means finding an attorney who will take your case free of charge
Does bankruptcy make sense?
Bankruptcy may make sense if you are unable to repay debts as you cover obligations such as retirement, food and shelter. Free Credit Score. by NerdWallet. A better score can help unlock the things you want — like a great travel credit card, better interest rates, lower insurance premiums and more.
What does Chapter 13 mean?
Filing Chapter 13 means you have the financial footing to structure a repayment plan for your debts — including attorney fees — after you’ve filed. But if you’re in enough financial distress that you need to file Chapter 7, you’ll likely need to pay your attorney before he or she files your case.
Is legal aid underfunded?
But be prepared: Legal aid organizations are often underfunded and overworked. Still, it's wise to get on the waiting list with one while you continue to pursue other options. The National Association of Consumer Bankruptcy Attorneys has a search tool to help you find attorneys in your area.
How can I get a car loan after filing bankruptcy?
One of the worst myths out there about bankruptcy is the assumption there’s no way you can get a car loan if you need one after filing bankruptcy. People end up paying what little cash they can scrape together for a horrible car that ends up being more trouble than it’s worth.
Will I lose everything if I file for bankruptcy?
Most people understand very little about bankruptcy, which is why some resist filing bankruptcy even when it would be the best thing for them to do. One of the biggest myths out there is that people just assume filing bankruptcy means they’re going to lose everything. Not true!
Will filing bankruptcy ruin my credit forever?
People filing for bankruptcy often ask this question: Will bankruptcy ruin my credit forever? The short answer is no, but it is a little more complicated than that. Here’s what you need to know.
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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