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.
One of the first questions our Philadelphia bankruptcy lawyers are asked is, âhow much will this cost?â. 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.
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.
Jan 24, 2017 ¡ The presumptive lawyersâ fees in Pennsylvania for Chapter 13 bankruptcy cases that donât involve a business range from $3,000 to $4,500, with add-ons for services beyond the basics. Eastern District The guidelines for presumptive attorneysâ fees in the Eastern District of Pennsylvania (which includes Philadelphia, Reading, and Allentown) are:
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 |
Chapter 7 | Chapter 13 | |
---|---|---|
Filing fees | $338 | $313 |
Attorney fees* | $500 - $3,500 | $1,500 - $6,000 |
Total | $838 - $3,838 | $1,813 - $6,313 |
Unfortunately, it is a part of the process. The cost includes attorneyâs 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.
The cost of these courses ranges from $9 to $50.
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.
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.
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.
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 creditorsâ claims. Some of these issues could be addressed during your initial consultation, while others might not be apparent until your case has progressed.
The court also monitors bankruptcy fees. All bankruptcy attorneys must file fee disclosures and, in Chapter 13 cases, fee applications seeking the courtâs approval.
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.
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.
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.
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.
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.
Weâve 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 paidâtypically from $1,250 to $3,000âfall in line with the maximum amounts recommended by the courts in Pennsylvania, though a few paid more.
The guidelines for presumptive attorneysâ fees in the Eastern District of Pennsylvania (which includes Philadelphia, Reading, and Allentown) are:
The guidelines for no-look attorneysâ fees in the Middle District of Pennsylvania (which includes Wilkes-Barre, Harrisburg, and Williamsport) are:
In the Western District of Pennsylvania (which includes Pittsburgh, Erie, and Johnstown), the guideline for presumed attorneysâ 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 âno-look expenses.â
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. â
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:
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.
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 youâre physically located. If youâre hoping to file with the help of a bankruptcy attorney, schedule a free consultation with them to find out how much theyâd charge for your Pennsylvania bankruptcy case.
Currently, the filing fee for a Chapter 7 bankruptcy is $338 but itâs set to go up to $338 as of December 1, 2020.
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
The bankruptcy court in the district youâre 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.
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.
When done, youâll 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 doesnât, make sure you mail a copy to the clerkâs office as soon as possible after getting it.
Wherever you print your forms, make certain to do so on one-sided pages. The court wonât accept double-sided print-outs.
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.
you receive it within 180 days after filing for 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.
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.
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.
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;
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.
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.
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 ...
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 âsecuredâ creditors. A âsecuredâ 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.
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.
There are four types of bankruptcy cases provided under the law:
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 âsecuredâ creditors. A âsecuredâ creditor has taken a mortgage or other lien on property as collateral for the loan.
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.