how much does it cost to file bankruptcy with an attorney

by Prof. Hassan McGlynn I 6 min read

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.

Full Answer

What is the average cost of a bankruptcy lawyer?

Jan 26, 2022 · Bankruptcy attorney fees vary greatly. Most Milwaukee bankruptcy lawyers charge a flat fee between $1000 and $3000 to file for bankruptcy under Chapter 7 or Chapter 13. Others charge more, especially if matters are complicated by …

How do I find an affordable bankruptcy attorney?

Luckily, filing fees for bankruptcy cases are identical throughout the country, so you never have to worry about getting overcharged for a bankruptcy attorney filing a case on your behalf. The cost of filing a Chapter 7 Bankruptcy case is $335, while the cost of filing a Chapter 13 case is $310.

How much do lawyers charge to file bankruptcy?

Jul 16, 2020 · Filing for bankruptcy can cost anywhere from a few hundred to a few thousand dollars, depending on the type of bankruptcy filed and whether you hire an attorney or take a DIY approach. Filing fees and other miscellaneous costs required to file a bankruptcy petition typically range from $300 to $400.

How do bankruptcy attorneys make money?

Dec 14, 2016 · On average, filing bankruptcy costs between $1,500 and $4,000 in court filing fees and attorney fees. Learn more about the cost to file …

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

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.Feb 22, 2022

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

How much is a Chapter 7?

Filing 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 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

How long does it take for a Chapter 7 to finalize?

about four to six monthsA Chapter 7 bankruptcy usually takes about four to six months from filing to final discharge, as long as the person who's filing has all their ducks in a row. There are a lot of moving parts to filing for Chapter 7 bankruptcy, and missing or delaying any one of them can slow down or stop the process.Feb 8, 2022

What is the difference between Chapter 7 11 and 13?

Chapter 7 bankruptcy doesn't require a repayment plan but does require you to liquidate or sell nonexempt assets to pay back creditors. Chapter 13 bankruptcy eliminates qualified debt through a repayment plan over a three- or five-year period.Jun 2, 2021

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...

How to Save Money on Bankruptcy Costs

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

How to Pay For Your Bankruptcy

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...

Average Chapter 7 Bankruptcy Attorney Fees

Chapter 7 bankruptcy involves the collection and sale of your nonexempt assets to cover your debt. How much your lawyer will charge for this service, as well as any consultation they may do with you beforehand, largely depends on how complicated your case is, what kind of firm they are coming from, and the size of the city you live in.

Average Chapter 13 Bankruptcy Attorney Fees

Chapter 13 bankruptcy differs from Chapter 7 bankruptcy in that it does not require the liquidation and sale of nonexempt assets to cover your debts. If you have a job with a regular income, a bankruptcy attorney can help you apply for a Chapter 13 bankruptcy, which involves the creation of a repayment plan over a three to five-year period.

Average Bankruptcy Attorney Fees for Other Services

There are several other services that a bankruptcy attorney can provide for you that may or may not be included in the overall fee agreement that you sign when you decide on an attorney.

Filing Fee and Process

Luckily, filing fees for bankruptcy cases are identical throughout the country, so you never have to worry about getting overcharged for a bankruptcy attorney filing a case on your behalf. The cost of filing a Chapter 7 Bankruptcy case is $335, while the cost of filing a Chapter 13 case is $310.

Credit Counseling Fee

Courts require those considering filing for bankruptcy to undergo credit counseling. Within 180 days before filing your case, all potential filers must receive credit counseling.

Debtor Education Course

Debtor education courses are required for those who have filed for bankruptcy, before their final debts are discharged. It is a way for the courts to ensure that, should you need to file for bankruptcy, it’s unlikely that you’ll need to do it again in the future.

How much does it cost to file for bankruptcy?

Filing fees and other miscellaneous costs required to file a bankruptcy petition typically range from $300 to $400.

How to pay for bankruptcy?

Ways to pay bankruptcy fees. If you’re feeling overwhelmed about the fees required to file for bankruptcy — from the cost of filing to other court costs and legal fees — there are a few ways you might be able to reduce some expenses and raise money to pay for the rest. Set up a payment plan.

What happens after you pay your creditors?

After your creditors are paid and your eligible debts are discharged, you’re no longer responsible for repaying your debts (as long as they’re included in the discharge). Rather than having eligible debts completely discharged, Chapter 13 bankruptcy is more like an extended repayment plan.

How much does it cost to file Chapter 13?

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.

How do I qualify for a waiver?

To qualify for a waiver, you must not be able to afford the fee in installments and your income must be below the 150% mark of the federal poverty line. Get in touch with legal aid. Legal aid offices provide free legal advice to low-income individuals. If you qualify, they may choose to represent you for free.

What are some examples of ineligible debt?

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.

What is Chapter 7 vs Chapter 13?

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.

How much does it cost to file for bankruptcy?

On average, filing bankruptcy costs between $1,500 and $4,000 in court filing fees and attorney fees. Learn more about the cost to file bankruptcy and how to pay for it.

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.

What factors can add to fees?

Factors that can add to fees include: Filing for a business bankruptcy as well as a personal one. Whether you are filing jointly with a spouse. You have multiple sources of income. You have non-exempt assets. You have numerous assets or unusual assets.

What happens if creditors challenge your financial statements?

If creditors challenge your financial statements and allege fraud, having an attorney able to navigate a complex case would benefit you. The same would be true for cases springing from medical debt, a fairly common culprit in bankruptcy filings.

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.

What is a no look fee in Chapter 13?

In Chapter 13 cases, judges will review attorneys’ fees unless they fall below a so-called “no-look” amount, which is a baseline considered reasonable in the jurisdiction where the case is filed. But in general, it’s a good idea to call or meet with several attorneys before choosing one to represent you.

Does filing for bankruptcy cost money?

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 creditors know you don’t have any. Though covering the cost of bankruptcy might not be the largest problem on your agenda, it is an issue.

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.

Why do attorneys file Chapter 13 before paying attorney fees?

This helps attorneys be more willing to file Chapter 13 cases before full payment of attorney fees because it minimizes the risk of not being paid if the filer later stops making plan payments. A lot of attorneys use the flat fee system for attorney fees in Chapter 13 bankruptcy cases, too.

What is the benefit of flat fee bankruptcy?

The benefit to the flat fee option is that barring unforeseen situations you'll know from the start exactly how much your bankruptcy attorney fees will cost. The alternative to charging a flat fee is charging an hourly fee. The hourly rate should also be included in a written agreement between the attorney and client.

What is the flat fee for Chapter 7?

This means that they charge a set amount up-front for the legal services involved in preparing and filing a Chapter 7 case. An attorney-client agreement should list what legal services the flat fee covers and explain what to expect if something happens that isn’t covered by the flat fee.

Why is my bankruptcy attorney banned?

This is because of the automatic stay, which stops your creditors from attempting to collect on a debt you owe them. If you owe your bankruptcy attorney money at the time of filing, they become one of your creditors banned by the automatic stay from trying to collect the balance from you.

Do you have to pay bankruptcy fees all at once?

Most filers don't have to come up with the bankruptcy fees all at once. Just as the bankruptcy court sometimes allows installment payments for the filing fee, most bankruptcy attorneys allow installment payments for the attorney fees.

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.

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.

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