how much does it cost to file bankruptcy if you use a lawyer

by Hellen Raynor 5 min read

If you file a bankruptcy case on your own, you will only spend $350-$450. A Chapter 7 case with an attorney will cost $1,500-$3,000 while a Chapter 13 case will amount to $3,000-$4,000. TIP:

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?

Dec 14, 2016 · How Much Does It Cost to File Bankruptcy? The Cost Of 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. Choose Your Debt Amount 60,000 Bankruptcy Help in Minutes Home > Bankruptcy > Cost of Bankruptcy

What is the average cost of a bankruptcy lawyer?

Jan 12, 2019 · 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.

How do I find an affordable bankruptcy attorney?

Oct 29, 2021 · You Get What You Pay for in a Bankruptcy Case Your Total Bankruptcy Cost Filing Fees and Required Courses First off, bankruptcy filers must pay a filing fee. For a Chapter 7 case, the fee is $335. For a Chapter 13 case, the fee is $310. The Bankruptcy Trustee may charge a fee of $15 to $20 when you file, as well.

What is the cheapest way 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.

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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 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 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.

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 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.

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 cost?

In San Francisco, for example, the presumptively reasonable attorney fee is $3,500 for the basic case, plus anywhere from $500 to $1,500 extra for various issues that add complexity to the case.

How much does it cost to file for bankruptcy?

For a Chapter 7 case, the fee is $335. For a Chapter 13 case, the fee is $310. The Bankruptcy Trustee may charge a fee of $15 to $20 when you file, as well.

How long does a Chapter 13 bankruptcy last?

The plan will last for three to five years and at the end of it, your remaining unsecured debt is discharged. Unlike under Chapter 7, local bankruptcy law usually sets the “presumptively reasonable” attorney fees for Chapter 13 cases.

What happens to non-exempt property in Chapter 7?

Under Chapter 7, you’ll surrender all of your non-exempt property to the Bankruptcy Trustee. Bankruptcy exemptions vary by district and some give more protection than others. The Trustee will sell that property and use the proceeds to pay your creditors. At the end of the process, your remaining unsecured debt is “discharged,” which means it’s forgiven.

How much does a Chapter 7 attorney charge?

When you file under Chapter 7, you’ll generally have to pay up-front. Nationwide, the average attorney fee for a Chapter 7 case is $1,250. That cost may vary significantly by market.

How much does it cost to convert to Chapter 7?

However, if you file under Chapter 13 and later convert to Chapter 7 (generally because you don’t keep up with your plan payments) you’ll have to pay a conversion fee of $25. Aside from the filing fees, you’ll be required to obtain credit counseling and take a personal financial management course.

How much does a Chapter 7 case cost?

With an attorney, an average Chapter 7 case can cost anywhere from $1,500 to $3,000. An average Chapter 13 case will run you from $3,000 to $4,000.

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.

What is Chapter 13?

For example, if the debtor wants to keep their house, Chapter 13 would allow them to make payments through a trustee, and the debtor would be protected from any legal action creditors could take. 1 .

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.

Who is Latoya Irby?

LaToya Irby is an expert on credit cards, credit scores and monitoring, budgeting, and banking products and services. She holds a degree in business from the University of Alabama. You’re filing for bankruptcy because you’re having a hard time paying all of your debts, but unfortunately, the process isn’t free.

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 long do you have to pay your lawyer after filing bankruptcy?

Payment plans vary; some lawyers allow you to spread payments over six months, others three months. Most will want payments completed before filing your case: Since Chapter 7 bankruptcy wipes out most of your debts, you wouldn’t be legally obligated to pay your attorney any outstanding fees after filing.

How to get money for bankruptcy in New Jersey?

1. Raise the money. A few simple steps can help you free up or find money for your bankruptcy. First: Minimize your outgoing cash. “If you’re still paying your credit cards, stop paying them,” New Jersey bankruptcy attorney John Hargrave says. “You’re just throwing that money away if you’re going to file.

What does Chapter 13 mean?

Filing Chapter 13 means you have the financial footing to structure a repayment plan for your debts — including attorney fees — after you’ve filed. But if you’re in enough financial distress that you need to file Chapter 7, you’ll likely need to pay your attorney before he or she files your case.

What happens if you file Chapter 13 bankruptcy?

If you’re filing for Chapter 13 bankruptcy, your court will review your attorney fees unless they fall below the so-called “no-look” level that’s recognized as reasonable . This level varies from one district to another, so check with your local court before hiring an attorney.

How to find a pro bono lawyer?

There are a few ways to find a pro bono attorney. First, ask your local bankruptcy court for information about free legal clinics and local free legal aid resources. If you meet their guidelines, these organizations might be able to offer some help or connect you with pro bono bankruptcy attorneys.

How to get fast cash after bankruptcy?

Selling old electronics or taking on a part-time job are two ways to earn some fast cash. If you’ve already pawned your flat screen and started a dog walking service but still don’t have enough to cover your bankruptcy, try asking family and friends for help. 2. Work out a plan.

How to get money fast after Chapter 7 bankruptcy?

Next, try to earn some additional income. Selling old electronics or taking on a part-time job are two ways to earn some fast cash.

How much does a bankruptcy attorney charge for Chapter 7?

Attorneys' fees for Chapter 7 typically range from $1,000 to $1,750, with an average of $1,450. Other costs include the $338 filing fee. If you're thinking of filing for Chapter 7 bankruptcy, you're probably wondering how much it will cost. After all, money problems are the reason you're considering bankruptcy in the first place.

How much can a bankruptcy preparer charge?

The U.S. Supreme Court decides the maximum amount a bankruptcy preparer can charge (currently $200), but the cap may be lower in your district court. Any bankruptcy preparer has an obligation to tell you what the local limit is.

How much does it cost to take bankruptcy counseling?

These courses should cost about $60 or less. Discounted courses are available for low-income people. Litigation fees and costs.

Why is Chapter 7 bankruptcy so high?

The stakes are even higher in Chapter 7 bankruptcy because you generally can’t stop the process once it's underway. So if you’re considering hiring an attorney, you’re not alone. In our survey, 95% of our Chapter 7 filers hired a lawyer to represent them. But of course, not everyone has the money for an attorney.

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

Here are a few other expenses you’ll likely have to pay for when you file Chapter 7. The national bankruptcy filing fee will be $338 as of December 1, 2020. Filing fees.

What happens if a bankruptcy case ends up in litigation?

If your bankruptcy case ends up in litigation, you'll owe your attorney more money. According to our survey, the vast majority (95%) of Chapter 7 bankruptcy cases moved through the process without incident. However, not all cases do.

What is an asset case?

Your case is an "asset case" (funds will be available to distribute to your creditors). You have equity in your house, car, or other assets (meaning the property is worth more than what you owe).

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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 incur additional fees. For example, there are add...
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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 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 publishes federa…
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Required Credit Counseling Costs

  • Before you can file for bankruptcy, you must take a court-approved credit counseling session. In addition, you’ll 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 li…
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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 the court where you f…
See more on thebalance.com