how much bankruptcy lawyer fees

by Alexandro Breitenberg 5 min read

A dedicated and experienced bankruptcy lawyer will anticipate any possible problems that will cost even more money to resolve. On average, attorney fees for a Chapter 7 case will range between $1,000 to $3,500, depending on where you live and the experience of the attorney representing you.

Bankruptcy attorneys in California cost between $1,200 – $1,850. Written by Upsolve Team. The price of a personal bankruptcy attorney in California is around $1,525.00 (Low: $1,200.00. High: $1,850.00).

Full Answer

What is the average cost of a bankruptcy lawyer?

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How much are attorney bankruptcy fees?

Bankruptcy lawyers who charge by the hour usually break the hour into 15-minute or 6-minute increments. That may seem like little difference, but it does add up. Say, for example, you talk to your bankruptcy attorney for 5 minutes by phone. If the attorney charges $200 an hour in 15-minute increments, that conversation just cost you $50.

How much does it cost to file bankruptcy?

Dec 14, 2016 · Average Attorney Fee for Chapter 13 Bankruptcy: $3,000 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 is the attorney fee for bankruptcy?

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.

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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?

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.

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 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.

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.

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.

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 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.

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.

How much does a bankruptcy attorney get for a chapter 13?

This means that you have to file a chapter 13. The court allows an attorney to receive a minimum of $3,500 for a chapter 13. This means that you usually pay more for your bankruptcy than you would if you filed a chapter 7.

What is a flat fee for bankruptcy in Washington?

In Washington State, most bankruptcy attorneys will charge a flat fee that is “fully earned on receipt.” That means that the fee becomes the immediate property of the firm and is not deposited into trust. The fee agreement should specify what the flat fee covers and does not cover. The fee agreement is required to tell you that even though a fee is fully earned on receipt, you are still entitled to a refund to the extent the fee was not reasonably earned. Washington attorneys are prohibited from charging non-refundable fees.

How much does a chapter 7 attorney cost?

Many people want to pay as little as possible for a chapter 7 attorney. Attorneys’ fees can range from about $700 to $1,500, with complex cases costing more. So how much should you pay?

What is the hardest thing to do in bankruptcy?

One of the hardest things about filing bankruptcy is finding the right lawyer. There are many lawyers who provide bankruptcy services in the Seattle area. Sometimes it seems like the easiest thing to do is shop for a bankruptcy lawyer based on price. Cost is a major consideration for someone in financial distress.

What happens to the debtor in Chapter 7 bankruptcy?

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.

Where are all bankruptcy cases heard?

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.

How long can you make installments in Chapter 13?

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.

Can you represent yourself in bankruptcy?

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.

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