how much does it cost for a lawyer to file for bankruptcy

by Bennie Effertz IV 10 min read

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

Full Answer

Where is the cheapest bankruptcy lawyer?

“ Low Cost Bankruptcy+Quality!”

  • Our prices usually please everyone.
  • You can Pre-Qualify for Bankruptcy.
  • Free Consultation.

What is the average cost of a bankruptcy lawyer?

The nationwide average cost for a bankruptcy attorney is between $999 and $1,183. Hourly rates ranges from $200-$300. Several factors affect the total cost of hiring a bankruptcy attorney, including the complexity of the case, the type of bankruptcy, filing fees, and more.

How do I find an affordable bankruptcy attorney?

  • Mutual respect: You want an immigration lawyer who treats you and your family with kindness and consideration. ...
  • Availability: Before hiring, note if they have responded promptly to your emails and calls. ...
  • Proven success: Read former client reviews and research their success rate with cases similar to yours.

More items...

What is the cheapest way to file bankruptcy?

What’s the Cheapest Way to File Bankruptcy?

  • The Cheapest Ways to File Bankruptcy. Our experienced bankruptcy lawyerss understand that if you are considering filing for bankruptcy, you don’t have a lot of money to spare.
  • Our Lawyers Offer Payment Plan Bankruptcy. ...
  • Best Southfield Bankruptcy Lawyers. ...

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Who pays the cost of bankruptcy?

So Who Actually Pays for Bankruptcies? The person who files for bankruptcy is typically the one that pays the court filing fee, which partially funds the court system and related aspects of bankruptcy cases. Individuals who earn less than 150% of the federal poverty guidelines can ask to have the fee waived.

What bankruptcy clears all debt?

Chapter 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.

What debts are not covered by bankruptcy?

1 of the Drug Trafficking Act 1986 or S. 71 of the Criminal Justice Act 1988 are outside of bankruptcy. Personal Injury Claims Debts from personal injury claims made against you are outside of bankruptcy. Fraud Debts arising from an act of fraud will not be written off as part of a bankruptcy order.

Is Chapter 7 or 13 worse?

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.

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...

How much does it cost to get credit counseling before filing for bankruptcy?

In addition, you’ll have to take a financial management course. These courses usually come with a small fee from the provider. Course costs are are typically less than $50.

How much does it cost to file for bankruptcy in 2021?

As of 2021, the fees set by the United States Court are $245 to file Chapter 7 bankruptcy and $235 to file Chapter 13 bankruptcy. There is an additional $78 administrative fee and (in the case of Chapter 7 filings) a $15 trustee fee. 2 

How much does a Chapter 7 bankruptcy cost?

For a Chapter 7 case, median fees range from $692 in Idaho to $1,530 in Arizona. Chapter 13 cases typically are more expensive and median fees range from $1,560 in North Dakota to $4,950 in Maine. 5 . Unless you are an expert on the rules of the court where you file, the U.S. Bankruptcy Code, and federal procedures, ...

What is the most common type of bankruptcy?

The most common type of bankruptcy for individuals is Chapter 7 , which effectively wipes the slate clean after certain assets are liquidated and cash from the liquidation is distributed to creditors.

Is bankruptcy free in 2021?

Updated January 29, 2021. You’re filing for bankruptcy because you’re having a hard time paying all of your debts, but unfortunately, the process isn’t free . To file bankruptcy, you'll have to pay court fees, credit counseling fees, and, most likely, attorney fees.

Is bankruptcy filing a scam?

If an attorney or bankruptcy filing service claims your bankruptcy can be filed for less than this, it's likely a scam. These are the basic filing fees. Certain actions in your case may incur additional fees. For example, there are additional fees to convert a Chapter 13 case to a Chapter 7 case, to reopen a bankruptcy case, ...

What expenses should be included in a bankruptcy filing?

Expenses related to administrative tasks, such as photocopying, printing the filing forms for court, and the cost of mailing such forms. In addition, a debtor should also incorporate the expenses associated with a further dispute or issue related to a bankruptcy case.

What does it mean to bill a bankruptcy lawyer?

This means that a client will have a general idea of how much a bankruptcy lawyer’s services will cost. It also means that the client will likely need to pay a portion of the flat fee upfront. Alternatively, a bankruptcy lawyer may decide to bill at an hourly rate instead. As the phrase implies, it means that a client will be charged ...

What is the purpose of bankruptcy?

The primary goal of bankruptcy is to restructure and manage a person’s overwhelming debts. In some cases, such as those for Chapter 7 bankruptcy, the purpose may shift to partially reducing or entirely eliminating such debts. Bankruptcy attorneys can provide a wide range of legal services to help their clients achieve these goals. Some examples of what a bankruptcy attorney does on a regular basis can include: 1 Ensuring that the client understands what bankruptcy is, how filing for bankruptcy will personally affect them and/or their business, and that they know what their legal obligations are if their petition for bankruptcy is approved by the court. 2 Making sure that the client complies with all the laws and procedural requirements associated with the bankruptcy process, such as attending the mandatory credit counseling courses and the 341 meeting of the creditors. 3 Gathering, drafting, and reviewing all documents and any evidence pertaining to the bankruptcy matter. 4 Offering legal counsel on any questions or concerns that a client has prior to, during, and/or after the bankruptcy petition is filed. 5 Explaining the rights and protections that a client has under the relevant bankruptcy laws. 6 Assisting the client with further bankruptcy issues, such as resolving disputes with creditors, converting their case to a different chapter of bankruptcy if necessary, and stopping creditors from harassing them after they declare bankruptcy.

Why do you need a bankruptcy lawyer?

There are numerous advantages to hiring a bankruptcy lawyer when filing a petition for bankruptcy . Some of those advantages may include the following: Having a legal professional present to ask questions about a case and to explain various bankruptcy laws or requirements;

What does "reasonable" mean in bankruptcy?

As the phrase implies, it means that a client will be charged for how much work a bankruptcy lawyer did on their case per hour. In general, bankruptcy cases typically require a lawyer to charge at a “reasonable” rate. Experience: The experience, skills, and reputation of a lawyer will also factor into the total bill.

How does time spent on bankruptcy work?

Time spent to resolve the bankruptcy case: The time that a law firm or lawyer spends on a bankruptcy case ties directly in with the factor of the difficulty of a bankruptcy case. Typically, the more complicated the bankruptcy case, the more time that a lawyer or law firm will need to work on it to settle the matter.

Is filing a bankruptcy 11 more expensive than filing a 7?

The bankruptcy chapter: On average, filing a petition to initiate a Chapter 11 bankruptcy case is usually more expensive than the cost of filing a petition for a Chapter 7 or Chapter 13 bankruptcy. Difficulty of the bankruptcy case: The complexity of the issues in a bankruptcy case will likely affect the overall cost as well.

How much does it cost to file?

Anyone who is choosing to file bankruptcy must pay a filing fee. If you’re filing Chapter 7, you will need to pay $335. If you’re filing Chapter 13, the fees will run you $310. You could potentially incur additional fees around $20 to $50, depending on the trustee and their policies.

Do I need to take a financial management course?

If you choose to file bankruptcy, a financial management course will be a requirement, along with credit counseling. These courses can cost up to $100, depending on the service provider.

What is the total cost I can expect when filing bankruptcy with a lawyer?

When you file Chapter 7 bankruptcy with a lawyer, you can expect to pay anywhere from $1,500 and $3,500. The total cost will depend on where you live and the complexity of your case. The average Chapter 13 bankruptcy costs anywhere from $3,000 to $5,000. You can expect extra fees to be included for complexity and location.

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.

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.

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.

How much does a lawyer charge for bankruptcy?

In general, attorney fees for a Chapter 7 bankruptcy range from $1,000 to $3,500 depending on the complexity of the case. Larger firms with more advertising and overhead costs sometimes charge more than a solo practitioner, but not always. Some larger operations offer low fees and count on a higher volume of cases.

How much does a lawyer charge for a chapter 13 case?

Chapter 13 guideline fees are different for each judicial district. However, they are typically between $2,500 and $6,000 depending on the complexity of the case.

What happens if you file Chapter 7?

Chapter 7 wipes out most unsecured debt in a Chapter 7 case, including attorneys' fees. So if you had a balance due when filing the matter, it would get discharged. Chapter 7 attorneys know this, of course, and require full payment. Learn how to find a bankruptcy attorney.

Do you have to pay a bankruptcy attorney upfront?

Fortunately, most attorneys don't require you to pay the entire Chapter 13 bankruptcy fee upfront. In most cases, attorneys will ask for a portion of their fees before filing your matter, and the remainder will get paid through your Chapter 13 repayment plan. How much a bankruptcy lawyer will require before filing will depend on each attorney ...

Do bankruptcy lawyers charge hourly?

Other attorneys will charge you an hourly rate, although it's uncommon in consumer bankruptcy cases. The more likely scenario is for the attorney to charge a flat fee for the bulk of the matter. The lawyer will charge an hourly fee for any extra work required for services like defending against an objection to discharge.

Do bankruptcy attorneys charge flat fees?

Many attorneys, especially bankruptcy attorneys, will charge a "flat rate" to represent you in a bankruptcy case. You'll pay a fixed amount for the attorney to represent you, regardless of the amount of time the attorney spends on your case. Other attorneys will charge you an hourly rate, although it's uncommon in consumer bankruptcy cases.

Do lawyers have to disclose fees in bankruptcy?

However, this doesn't mean that the bankruptcy court fixes the amount that attorneys can charge in bankruptcy cases.

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:

Chapter 7 Vs Chapter 13 Bankruptcy

Before focusing on the bankruptcy filing fees, let’s see how the two chapters for individuals differ.

How Much Does It Cost to File for Bankruptcy on Your Own?

As we’ve mentioned, bankruptcy costs are relative and dependent on many different factors. Here’s what the costs will look like if you decide to file for bankruptcy on your own.

How Much Does It Cost to File Bankruptcy with a Lawyer?

When calculating the average cost to file bankruptcy, you must sometimes take into consideration the lawyer fee, as well. There are numerous advantages to this approach, and looking for bankruptcy legal aid is always a smart choice.

Filing Fees by State

As we’ve already mentioned, the cost to file bankruptcy doesn’t depend on the state that you have listed as your primary residence. It’s always $338 for Chapter 7 and $313 for Chapter 13. You can check it on the official pages of state bankruptcy courts.

How to Pay for Bankruptcy

The cost to file bankruptcy is simply a part of a larger problem. Your biggest concern is not the cost on its own but your ability to pay for it. The fact that you’re filing for bankruptcy means that your finances are not stellar. How to get out of debt when you can’t make immediate bankruptcy payments?

Wrap Up

As we’ve already mentioned, the average cost of filing bankruptcy depends on a number of factors.

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Chapter 7 vs. Chapter 13

Bankruptcy Filing Costs

  • As of 2021, the fees set by the United States Court are $245 to file Chapter 7 bankruptcy and $235 to file Chapter 13 bankruptcy. There is an additional $78 administrative fee and (in the case of Chapter 7 filings) a $15 trustee fee.2 These are the basic filing fees. Certain actions in your case may cost more. For example, there are additional fees to convert a Chapter 13 case to a Chapte…
See more on thebalance.com

Installment Payments and Waiver Possibilities

  • Fees typically are due when you file your bankruptcy petition, but you may be able to ask the court to allow you to pay the fees in installments or even to have them waived. To qualify for a fee waiver, you must not be able to afford the fees, even in installments, and your income must be less than 150% of the poverty line.3 The U.S. Department of Health and Human Services publish…
See more on thebalance.com

Required Credit Counseling Costs

  • Before you can file for bankruptcy, you must take a court-approved credit counseling session. You'll also have to take a financial management course. These courses usually come with a small fee from the provider. Court costs are are typically less than $50. Fee waivers and reduced rates are available based on household income.4 The U.S. Department of Justice websitehas a list of …
See more on thebalance.com

Attorney Fees

  • Attorney fees vary widely, depending on the state, the attorney, and the complexity of your bankruptcy case. For a Chapter 7 case, median fees range from $692 in Idaho to $1,530 in Arizona. Chapter 13 cases typically are more expensive, and median fees range from $1,560 in North Dakota to $4,950 in Maine.5 Unless you are an expert on the rules of t...
See more on thebalance.com