how much does a bankruptcy lawyer cost in pa?

by Tamara Watsica 8 min read

How much does it cost to file bankruptcy?

How much does it cost to hire a bankruptcy lawyer in Pennsylvania? The price of a personal bankruptcy attorney in Pennsylvania is approximately $1,222.50, although prices vary depending on the type and the complexity of the bankruptcy.

How much does it cost to hire a lawyer in PA?

One of the first questions our Philadelphia bankruptcy lawyers are asked is, “how much will this cost?”. The answer is not simple and depends on numerous factors. However, on average, a Chapter 7 case ranges from $1,500 to $2,500, while a Chapter 13 bankruptcy could cost you anywhere between $3,500 and $4,000.

How does bankruptcy work in Pennsylvania?

Chapter 13 lawyer fees are usually between $3000-$3500 although we typically let clients pay half of the fee through their re-payment Plan. In our firm, it is appropriate to budget $1500-$2000 to get a Chapter 13 filed, including all costs, with any legal fee balance paid through the bankruptcy repayment Plan.

How to file Chapter 7 bankruptcy in PA for free?

Jan 24, 2017 · The presumptive lawyers’ fees in Pennsylvania for Chapter 13 bankruptcy cases that don’t involve a business range from $3,000 to $4,500, with add-ons for services beyond the basics. Eastern District The guidelines for presumptive attorneys’ fees in the Eastern District of Pennsylvania (which includes Philadelphia, Reading, and Allentown) are:

image

How much does a bankruptcy cost in Pennsylvania?

What does it cost to file for bankruptcy? It now costs $335 to file a Chapter 7 bankruptcy and $310 to file a Chapter 13 bankruptcy, whether for one person or a married couple. The court may allow you to pay the filing fee in installments if you cannot pay it all at once.

How much does a Chapter 7 bankruptcy cost in Pennsylvania?

$338
Court Fees
Chapter 7 Bankruptcy Petition$338
Chapter 11 Bankruptcy Petition$1,738
Chapter 12 Bankruptcy Petition$278
Chapter 13 Bankruptcy Petition$313
Chapter 15 Bankruptcy Petition$1,738
36 more rows

How much does a lawyer charge for Chapter 7?

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

How do I file Chapter 7 with no money?

Eligible filers are able to file Chapter 7 for free. If your household income is less than 150% of the federal poverty level, you can ask the bankruptcy judge to waive your court fees with a simple application submitted along with your bankruptcy petition.Feb 8, 2022

What is PA debt relief?

Pennsylvania Resident Debt Relief. InCharge provides free, nonprofit credit counseling and debt management programs to Pennsylvania residents. If you live in Pennsylvania and need help paying off your credit card debt, InCharge can help you.

What happens to your debt when you file bankruptcy?

Chapter 7 Bankruptcy

Money from the sale goes toward paying your creditors. The balance of what you owe is eliminated after the bankruptcy is discharged. Chapter 7 bankruptcy can't get you out of certain kinds of debts. You'll still have to pay court-ordered alimony and child support, taxes, and student loans.

What is this chapter 11 all about?

This chapter of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time.

Is it better to file a Chapter 7 or 13?

Most consumers opt for Chapter 7 bankruptcy, which is faster and cheaper than Chapter 13. The vast majority of filers qualify for Chapter 7 after taking the means test, which analyzes income, expenses and family size to determine eligibility.

What can you not file bankruptcies?

8 Kinds of Debt You Can't Lose in Bankruptcy
  • Most 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.

What expenses do you incur when filing for bankruptcy?

Unfortunately, it is a part of the process. The cost includes attorney’s fees, court costs, education expenses, and other miscellaneous costs. However, the money you invest in bankruptcy is usually significantly less than you owe. It is a small price to pay for the peace of mind associated with a fresh financial start.

How much does it cost to take credit counseling before filing for Chapter 7?

The cost of these courses ranges from $9 to $50.

What happens if you fail to pay your mortgage in Pennsylvania?

For example, if you fail to make your monthly mortgage payments, your mortgage lender will likely file a motion for relief from stay to pursue a foreclosure action. Depending on the circumstances, this could require a response and multiple court appearances. Additionally, if you miss your bankruptcy plan payments, the trustee will file a motion to dismiss your case. This could also result in costly court appearances. Our Pennsylvania bankruptcy attorneys will discuss these issues, and others, during your initial consultation.

How much do you have to pay in Chapter 13?

This fee is based on the total amount you are paying through your bankruptcy plan. While the percentage fluctuates year to year, on average, you will have to pay 10% of your total plan payments to the trustee. If you were paying your creditors $40,000 through your bankruptcy plan, an additional $4,000 would be added for the trustee. This payment is included in your monthly bankruptcy payment.

How much does a Chapter 7 case cost?

There are different filing and administrative fees charged by the court depending on the chapter. For a Chapter 7 case, there is a filing fee of $245, an administrative fee of $78, and a trustee surcharge of $15 for a total of $338 in court costs. A Chapter 13 case has a filing fee of $235 and an administrative fee of $78 for a total of $313 in court courts.

What factors could impact the cost of your case?

Other factors that could impact the cost of your case include cramming down the cost of a vehicle, stripping a second mortgage, or objecting to creditors’ claims. Some of these issues could be addressed during your initial consultation, while others might not be apparent until your case has progressed.

Does the bankruptcy court monitor fees?

The court also monitors bankruptcy fees. All bankruptcy attorneys must file fee disclosures and, in Chapter 13 cases, fee applications seeking the court’s approval.

How much does a lawyer charge for Chapter 13?

Chapter 13 lawyer fees are usually between $3000-$3500 although we typically let clients pay half of the fee through their re-payment Plan. In our firm, it is appropriate to budget $1500-$2000 to get a Chapter 13 filed, including all costs, with any legal fee balance paid through the bankruptcy repayment Plan.

Is bankruptcy a good solution?

Bankruptcy can be a very powerful solution for those with financial problems, but it has to be done right and will require a bit of work from everyone involved.

Do lawyers charge extra fees for reaffirmation?

It depends on what is included in the price. Many lawyers charge extra fees for extra items such as vehicle reaffirmation agreements (we include these in our price), motions, and various court appearances. I have had many clients come to me after they felt like they were mislead or overcharged from prior attorneys.

Can a lawyer negotiate a fee?

It depends on the timing. Some lawyers may negotiate their fee if you have all of the payment in hand or a big chunk of it at the start. Otherwise, the lawyer will be dealing with multiple payment from you over time and during the time your circumstances could change. Another timing issue is whether you need an emergency fast filing done and how much time the lawyer can dedicate to your case.

Is Chapter 13 bankruptcy more expensive than Chapter 7 bankruptcy?

It depends on which type of bankruptcy we are filing. A Chapter 13 is more expensive than a Chapter 7, although some lawyer fees can be put on the monthly repayment plan to help ease this burden.

Presumptive Fee Guidelines for Bankruptcy Courts in Pennsylvania

We’ve reviewed the Chapter 13 fee guidelines that bankruptcy district courts in Pennsylvania have issued (usually in the form of local rules). The fees our readers told us they paid—typically from $1,250 to $3,000—fall in line with the maximum amounts recommended by the courts in Pennsylvania, though a few paid more.

Eastern District

The guidelines for presumptive attorneys’ fees in the Eastern District of Pennsylvania (which includes Philadelphia, Reading, and Allentown) are:

Middle District

The guidelines for no-look attorneys’ fees in the Middle District of Pennsylvania (which includes Wilkes-Barre, Harrisburg, and Williamsport) are:

Western District

In the Western District of Pennsylvania (which includes Pittsburgh, Erie, and Johnstown), the guideline for presumed attorneys’ fees (in rule 2016-1) is $4,000 for all Chapter 13 cases. The rule lists the legal services that must be included in this fee. It also states that attorneys can charge no more than $500 in “no-look expenses.”

What expenses are included in bankruptcy?

Other bankruptcy-related expenses include office expenses, transportation to and from hearings, conversion other legal expenses, postage, copies, amendments and similar . Many of these expenses are not immediately known until further along in a bankruptcy case. ‘

Is it necessary to reopen a bankruptcy case in Pennsylvania?

In some instances, it is necessary to re-open a bankruptcy case to obtain a discharge or to include a creditor. The Court costs to reopen a bankruptcy case in the Western District of Pennsylvania are as follows:

Is there a charge for a bankruptcy consultation?

In most cases, there is no charge for the initial consultation and the attorney will assess your unique financial situation while advising you of the appropriate Chapter and costs associated with filing. A reputable bankruptcy lawyer will provide you with a written fee agreement which outlines all bankruptcy court costs, filing fees, bankruptcy related expenses and attorney fees.

How much does a bankruptcy lawyer cost in Pennsylvania?

The average cost of a bankruptcy lawyer in Pennsylvania is about $1,250, but it can range from just under $1,000 up to $1,500 depending on the complexity of the case and where you’re physically located. If you’re hoping to file with the help of a bankruptcy attorney, schedule a free consultation with them to find out how much they’d charge for your Pennsylvania bankruptcy case.

How much does it cost to file for bankruptcy in 2020?

Currently, the filing fee for a Chapter 7 bankruptcy is $338 but it’s set to go up to $338 as of December 1, 2020.

What is Upsolve for bankruptcy?

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

What district is bankruptcy in Pennsylvania?

The bankruptcy court in the district you’re filing in may require additional local forms. Pennsylvania is divided into three federal districts - the Eastern District of Pennsylvania, the Middle District of Pennsylvania, and the Western District of Pennsylvania.

How to file Chapter 7 in Pennsylvania?

In order to file a Chapter 7 case, you will need to qualify under Pennsylvania bankruptcy laws by passing the Means Test. You can do so in one of two ways. First, based on your monthly income and household size, you might immediately qualify for a Chapter 7 if you are under the average median income in Pennsylvania. Second, even if you earn more than the income limit allows, you may still qualify by completing the second portion of the Means Test.

Do you get a certificate of completion when filing bankruptcy in Pennsylvania?

When done, you’ll get a certificate of completion which needs to be officially processed by the clerk just like when you first filed your Pennsylvania bankruptcy forms. Some credit counseling providers will file the certificate for their clients. If yours doesn’t, make sure you mail a copy to the clerk’s office as soon as possible after getting it.

Can you print out a Chapter 7 bankruptcy form in Pennsylvania?

Wherever you print your forms, make certain to do so on one-sided pages. The court won’t accept double-sided print-outs.

How much does it cost to file for bankruptcy?

It now costs $335 to file a Chapter 7 bankruptcy and $310 to file a Chapter 13 bankruptcy, whether for one person or a married couple. The court may allow you to pay the filing fee in installments if you cannot pay it all at once. If your income is very low (up to 150% of poverty), the filing fee in a Chapter 7 can be waived.

How long does it take to get a bankruptcy check?

you receive it within 180 days after filing for bankruptcy.

What is Chapter 7 bankruptcy?

Chapter 7 - Straight Bankruptcy. In a bankruptcy case under Chapter 7, you file a petition asking the court to discharge your debts. The basic idea in a Chapter 7 bankruptcy is to wipe out ( discharge) your debts in exchange for giving up your property, except for exempt property which the law allows you to keep.

How long does it take to file Chapter 13 bankruptcy?

In a Chapter 13 case, you file a plan showing how you will pay off some of your past-due and current debts over an extended period, normally three to five years. After you complete the plan, the unpaid balance on certain debts may be wiped out.

What happens if everything goes normally in bankruptcy?

If everything goes normally in a bankruptcy case, the final thing the court does is to grant you a discharge, which excuses you from paying all your debts (except possibly for the few mentioned above). The Dis charge Order also forbids creditors from doing anything to try to collect a debt that has been discharged.

What is a loan you got through fraud or by knowingly giving false information to a creditor?

loans you got through fraud or by knowingly giving false information to a creditor, who reasonably relied on it in making the loan ; debts resulting from "willful and malicious" harm; student loans owed to a school or government body, unless payment would be an undue hardship;

Is it wise to file for bankruptcy?

A person who files for bankruptcy is called a debtor. By filing for bankruptcy, you may: get to keep most or all of your property which otherwise might have been lost to creditors (people to whom money is owed); get extra time to pay bills if you have regular income.

How much does it cost to file for bankruptcy?

It now costs $306 to file for bankruptcy under chapter 7 and $281 to file for bankruptcy under chapter 13, whether for one person or a married couple. The court may allow you to pay this filing fee in installments if you cannot pay all at once.

What is bankruptcy in Pennsylvania?

Bankruptcy is a legal proceeding in which an individual who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. (see Pennsylvania Court Directory) Filing bankruptcy immediately stops all of your creditors from seeking ...

How to avoid bankruptcy?

Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to: 1 Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally cannot keep the collateral unless you continue to pay the debt 2 Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. (see Pennsylvania Non-Dischargeable Debts) 3 Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.- Discharge debts that arise after bankruptcy has been filed.

What debts can be discharged in bankruptcy?

Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. (see Pennsylvania Non-Dischargeable Debts) Protect cosigners on your debts.

How many types of bankruptcy are there?

There are four types of bankruptcy cases provided under the law:

Can bankruptcy be cured?

Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to: Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan.

Can you lose your car in bankruptcy?

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. (see Pennsylvania bankruptcy exemptions) Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.

image