how much does it cost to file bankruptcy in florida with attorney

by Ms. Angie Beahan V 7 min read

The court stated that the average cost of hiring an attorney to file a Chapter 7 bankruptcy in central Florida ranges between $1,500 and $2,500 plus filing fees and other costs. Attorneys charging fees within this typical range, the court noted, meet with their clients as necessary.

Full Answer

Where is the cheapest place to file bankruptcy?

With a lawyer who charges $200 an hour in 6-minute increments would only charge $20 for that same conversation. A bankruptcy lawyer's hourly rate is influenced by many things: How much experience he or she has. Your location in Florida. Whether you file Chapter 7 or Chapter 13 bankruptcy and the filing's complexity.

How much does it cost to declare bankruptcy in Florida?

Feb 25, 2022 · Bankruptcy attorneys in Florida cost between $999 – $1,500. Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

When should one file for bankruptcy in Florida?

The placard method a Florida bankruptcy lawyer prefers to use can actually have as much impact on total legal costs as the lawyer ‘s bill rate. Most bankruptcy attorneys in Florida use one of two billing methods : an hourly fee or a flatcar fee .

What is the cheapest way to file bankruptcy?

Most clients want to know (and should know) the expense of filing bankruptcy in South Florida before making the decision to file. The total expense breaks down to two categories – costs, and attorneys fees. The costs are set by law and can not be changed by your attorney. Chapter 7. The filing fee for a Chapter 7 Liquidation is $338.00.

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How much does a lawyer charge for Chapter 7 in Florida?

The court stated that the average cost of hiring an attorney to file a Chapter 7 bankruptcy in central Florida ranges between $1,500 and $2,500 plus filing fees and other costs.Feb 1, 2022

What is the average cost to file for bankruptcy in Florida?

Chapter 7 bankruptcy filers have to pay a $338 filing fee to the bankruptcy court. This fee is the same in the entire United States. If you earn less than 150% of the federal poverty guidelines you can ask the bankruptcy court for a filing fee waiver.Nov 26, 2021

How much cash can you keep when filing Chapter 7 Florida?

The answer is no: some cash can be exempted in a Chapter 7 case. For example, typically under Federal exemptions, you can have approximately $20,000.00 cash on hand or in the bank on the day you file bankruptcy.

How long does it take to file Chapter 7 in Florida?

90 - 120 daysHow long does Chapter 7 take? Chapter 7 bankruptcy usually takes 90 - 120 days to complete. At the conclusion of the case, the borrower should receive a discharge of debt. The discharge releases the borrower from personal liablity for the debt.Jul 9, 2020

How much does Chapter 7 cost in FL?

There are three parts of the cost of filing bankruptcy: The filing fees are $335 for Chapter 7 and $310 for Chapter 13. The cost of the two sessions of required financial counseling is about $60 total or $80 for a couple.

What happens when you file bankruptcy in Florida?

Bankruptcy wipes out many bills, like credit card balances, overdue utility payments, medical bills, personal loans, and more. You can even get rid of a mortgage or car payment if you're willing to give up the house or car that secures the debt.

Do they freeze your bank account when you file Chapter 7?

Do they freeze your bank account when you file Chapter 7? Generally, no. Especially if the full amount in the account is protected by an exemption. Some banks (most notably, Wells Fargo) have an internal policy of freezing bank accounts with a balance over a certain amount once they learn about a bankruptcy filing.Feb 6, 2021

Can Chapter 7 be denied?

The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.May 10, 2021

Will Chapter 7 affect my tax refund?

Any return that results from income earned after filing for bankruptcy is yours to keep. A tax refund that's based on the income you earned before filing will be part of the bankruptcy estate no matter if you receive it before or after the filing date.

How much do you have to be in debt to file Chapter 7?

There is no threshold amount that you need to reach to file a bankruptcy. Some chapters of bankruptcy have debt limits, but there is no such thing as a debt minimum. That being said, you certainly can and should evaluate if filing a bankruptcy makes sense in your current situation.Dec 29, 2020

Can creditors collect after Chapter 7 is filed?

Can a debt collector try to collect on a debt that was discharged in bankruptcy? Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.Oct 25, 2017

Can I spend money after filing Chapter 7?

If you file a Chapter 7 bankruptcy petition and it is a “no asset” case, your spending after filing should reflect what you stated on your schedules. If either your income or your expenses change considerably while still in Chapter 7, again, you should consult with your attorney.Jul 27, 2019

Hiring a Florida Bankruptcy Attorney by the Hour

When you pay by the hour, many Florida bankruptcy attorneys will ask you to pay a retainer fee, which acts as a down payment. You'll then receive monthly bills for the hours your lawyer worked on your filing.

Hiring a Florida Bankruptcy Lawyer for a Flat Fee

Lawyers who handle fairly routine matters, such as writing wills or handling bankruptcies, may offer their services for a flat fee. The fee may not necessarily cover court fees or other legal expenses. If you want to hire a Florida bankruptcy attorney for a flat fee, make sure you know exactly what is and is not included in the fee.

The Cost of Hiring a Florida Bankruptcy Attorney

You have learned that lawyers can handle billing differently. You'll need to ask a lot of questions about the legal fees of the lawyers you are interviewing to hire. Here are some questions which should help you sort it out:

Chapter 7

The filing fee for a Chapter 7 Liquidation is $338.00. In addition, we import your credit report into our bankruptcy software. This cost is $25.00. You are required by law to complete credit counseling prior to filing bankruptcy. The cost is approximately $20.00.

Chapter 13

The costs are the same for a Chapter 13 Case (Adjustment Of Debts For Individuals With Regular Income), except that the filing fee is $313.00. In addition, you are required to pay to the Chapter 13 Trustee the sum of 10% of each plan payment (in addition to the regular monthly payment).

Additional Costs

In some bankruptcy cases various challenges are filed by the Trustee and/or creditors. These include

How much does a Chapter 13 bankruptcy cost in Florida?

The fees our readers told us they paid—typically from $2,500 to $3,500 —fall in line with the maximum amounts recommended by the courts in Florida.

Is Chapter 13 bankruptcy complicated?

Chapter 13 bankruptcy is complicated, and there can be serious financial consequences if you make a mistake. So it’s not surprising that all of our Florida readers hired a lawyer to help them through the process of filing for Chapter 13. It’s also not surprising that none of them paid their lawyers an hourly fee, ...

How to pay a lawyer's fee in bankruptcy?

The most common way of paying a lawyer’s flat fee in Chapter 13 bankruptcy is to make an initial down payment (or “retainer”) before the bankruptcy petition is filed, with the remainder of the fee included in your monthly payments under the repayment plan.

What is a no look fee?

If your lawyer agrees to represent you for the presumptive amount or less, the court will automatically approve the fee without looking at the specific circumstances of the case —which is why it’s sometimes called a “no look” fee.

How long does it take to pay attorney fees for Chapter 7?

Chapter 7 Attorney Fees#N#Many clients qualify to file Chapter 7 for ZERO ATTORNEY FEES DOWN. These clients can make attorney fee payments over a 6-Month period after filing the case.

Is Attorney Zooberg a member of the Bar?

As of April 2018, Attorney Zooberg has been rated AV Preeminent by Martindale-Hubbell, which is the highest possible rating for attorneys in terms of both ethical standards and legal ability.

What is exempt property?

Exempt property is the property that you do not have to forfeit when filing for Chapter 7 bankruptcy. A joint filing may entitle the couple to double the amount of some exemptions. For instance, the Florida exemption for a motor vehicle is only $1,000 in an individual bankruptcy case.

Where is bankruptcy filed?

Bankruptcy is filed in federal court. For individuals, the case is usually filed in the district where the borrower lives. For instance, if you reside in Tampa, the case may be filed in the U.S. Middle District of Florida. The residence will be based on the most recent 180 days before filing the case.

What is tenancy by the entireties in Florida?

In a tenancy by the entireties, the property is owned by the marital union, rather than by the individual spouses.

What are the benefits of bankruptcy?

Bankruptcy allows borrowers to stop all collection efforts and get a fresh start immediately. Phone calls, wage garnishments, foreclosure sales, and collections notices all must stop immediately after a bankruptcy is filed. Bankruptcy also provides for a discharge of debt to give people the fresh start they need to rebuild. Bankruptcy has a lot of benefits, but it is not right for every situation. If you are considering bankruptcy, contact a bankruptcy lawyer in Tampa to schedule a consultation.

How many bankruptcy cases are there in Tampa?

For June 2019, there were 852 new bankruptcy cases filed in Tampa alone. Medical bills are a significant factor in the number of bankruptcy cases filed. A study by the American Journal of Medicine found that 62.1% of all bankruptcy cases are attributable to medical reasons.

Is bankruptcy right for everyone?

Bankruptcy also provides for a discharge of debt to give people the fresh start they need to rebuild. Bankruptcy has a lot of benefits, but it is not right for every situation. If you are considering bankruptcy, contact a bankruptcy lawyer in Tampa to schedule a consultation.

What is Chapter 7 bankruptcy?

Chapter 7: Commonly called liquidation bankruptcy. Chapter 7 involves the sale of non-exempt property to repay creditors. Not everyone is eligible for Chapter 7, as there are specific income limits that must be met. Chapter 13: Also known as a reorganization bankruptcy.

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