how to pay for a bankruptcy lawyer nyc

All New York State bankruptcy courts accept money orders or certified checks. You can purchase a money order for $1.25 at a U.S. Post Office. The Eastern District also allows filers to pay online through Pay.gov.

Full Answer

How much does a New York bankruptcy lawyer cost?

Hiring a New York bankruptcy lawyer will likely cost you somewhere between $965 and $1,550, which is higher than the national average.

How to file bankruptcy in NY for free?

How to File Bankruptcy in New York for Free. 1 Collect Your New York Bankruptcy Documents. The first step in preparing to file is to collect your bankruptcy documents. These are the documents ... 2 Take Credit Counseling. 3 Complete the Bankruptcy Forms. 4 Get Your Filing Fee. 5 Print Your Bankruptcy Forms. More items

What happens to everything in a New York bankruptcy?

Everything you own is considered an asset in your New York bankruptcy, though only assets not protected by any of the available exemptions can be sold for the benefit of your creditors. As long as all of your assets are covered by the exemptions you choose to use, you can keep everything.

How do I prepare to file bankruptcy?

The first step in preparing to file is to collect your bankruptcy documents. These are the documents you’ll need to fill out your bankruptcy petition. To make sure that you properly schedule all of your debts, get a copy of your credit report from each one of the three credit bureaus.

How much is a bankruptcy lawyer in NYC?

Bankruptcy attorneys in New York cost between $965 – $1,550 The price of a personal bankruptcy attorney in New York is around $1,257.50 (Low: $965.00. High: $1,550.00). These prices are above the national average. This information is provided by multiple service providers and open marketplaces.

How much does it cost for a bankruptcy in New York?

The cost to file bankruptcy in New York is $338 for a Chapter 7 bankruptcy and $313 for a Chapter 13 bankruptcy, but the answer becomes more nuanced if you decide to file with a bankruptcy attorney and if you are trying to get the filing fees waived.

How much is a Chapter 7 bankruptcy in NY?

$338How much does it cost to file for bankruptcy? As of December 2020, it costs $338 for court fees to file for bankruptcy under Chapter 7 and $313 to file for bankruptcy under Chapter 13. You may be allowed to pay the filing fee in installments if you cannot pay all at once.

How do I file for bankruptcy for free in NY?

How To File Bankruptcy for Free in New YorkCollect Your New York Bankruptcy Documents.Prepare to Submit Your Bankruptcy Forms.File Your Forms With the New York Bankruptcy Court.Take a Debtor Education Course.

How much do you pay monthly for bankruptcies?

Monthly Payments If the family income is greater than the amount on the Standards, the bankrupt is required to pay 50% of the EXCESS. For example, if you earned $400 more each month than the Standards indicate is necessary, you would be required to pay 50% or that, or $200 per month.

How do you qualify for bankruptcy in NY?

Essentially, you need to have three things: (1) moderate to low income, (2) significant amount of debt and (3) no substantial property. In order to qualify for Chapter 7 personal bankruptcy, you must have moderate to low income as set forth in the Bankruptcy Code.

What is 2 disadvantages of filing bankruptcy?

Disadvantages of Bankruptcy: A bankruptcy may impede your chances of getting a mortgage or car loan for some time. Not all debt will be discharged. Examples of debt that cannot be discharged include child support, alimony, some student loans, divorce settlements and some income taxes.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What happens when you claim bankruptcy in New York?

The court will appoint a “bankruptcy trustee” to oversee your bankruptcy case. The trustee will first look at all the paperwork you filed to make sure everything is complete and in order. The trustee will then look for nonexempt property that can be sold to pay your creditors.

How long does bankruptcy take in NY?

In general, you can expect it to take around three to four months on average to complete Chapter 7 bankruptcy and have your debts discharged.

How long does it take to rebuild credit after bankruptcy?

You can typically work to improve your credit score over 12-18 months after bankruptcy. Most people will see some improvement after one year if they take the right steps. You can't remove bankruptcy from your credit report unless it is there in error.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

Look For Competence And Experience First

Experience doesn’t translate into competence – just because you’ve been doing something for a long time doesn’t necessarily mean you’re any good at it.

Get A Feel For The Lawyer

You’re going to want to make a few phone calls to get a sense for the attorney as well as the way they run their practice.

Expect To Pay For Advice

Lots of bankruptcy attorneys in New York offer free consultations in one form or another. That consultation is typically a very broad overview of bankruptcy options, and seldom a deep dive into your specific problem.

Hiring a New York Bankruptcy Attorney by the Hour

Whether you are from Brooklyn or Albany or any other part of the state, if you decide to hire an attorney by the hour, you will probably have to pay a retainer fee, which is like a down payment. From then on, you'll likely receive monthly statements for the hours your lawyer worked on your filing.

Hiring a New York Bankruptcy Lawyer for a Flat Fee

Attorneys who handle routine matters, such as writing a will or filing bankruptcies, sometimes charge one flat fee instead of billing hourly. If you decide to hire a New York bankruptcy attorney for a flat fee, you should be clear on what's included and what is not. Often, related legal expenses, such as court filing fees, are not included.

The Cost of Hiring a New York Bankruptcy Attorney

As you can now see, you should ask a number of questions about legal fees and expenses while interviewing lawyers to hire. Here are some questions to ask that should help you get a handle on how much it may cost to file bankruptcy:

How much does bankruptcy cost in NYC?

The answer depends on whether you file pro se (without an attorney), with an attorney or pay a petition preparer to prepare your paperwork. I will try to outline the typical costs for each:

Filing Fees

The filing fees recently increased to $306 for a Chapter 7 bankruptcy, $281 for a Chapter 13 bankruptcy and $1,213 for a Chapter 11 filing.

Credit Counseling and Debtor Education courses

In order to obtain a bankruptcy discharge the Credit Counseling course must be taken before a case is filed and the debtor education must be taken after a Chapter 7 or Chapter 13 bankruptcy case is filed. These courses can range from $0 to $500 each depending on where they are taken.

Credit report with public records search

In my opinion a credit report is one of the most valuable tools necessary to prepare a consumer bankruptcy petition. At my office we use a company called A Suite Solution, which provides an ultra comprehensive 3-bureau credit report as well as a thorough public records search.

Pro Se filings or bankruptcy petition preparers

If you are looking for the cheapest way to file for bankruptcy, you can file pro se or without an attorney. If you prepare your own paperwork the process is free. If you have a petition preparer your case will not be free. I have heard that these preparers charge from $200 to $2000 to “construct” your paperwork.

How much will it cost to hire a NYC bankruptcy attorney?

Legal fees vary from attorney to attorney. However, you should know a few things. First, all bankruptcy attorneys are required to report their legal fees charged for each case to the US Trustee. If the fee is too high they may be required to refund it to the client.

How much does it cost to file for bankruptcy?

When filing for bankruptcy, there are two major expenses to be paid: The filing fee and attorney’s fees to hire a bankruptcy lawyer. There are two types of consumer bankruptcy, Chapter 7 where most of your debts will be discharged, and Chapter 13 which allows for a monthly payment plan to reorganize your debt. The filing fee associated with filing a Chapter 7 Bankruptcy is $335, while the filing fee for a Chapter 13 Bankruptcy is $310. Moreover, a Chapter 7 Bankruptcy attorney can cost anywhere from $1,000 and up, depending on your individual case. While a Chapter 13 bankruptcy can begin anywhere from $2,000 and up.

Can you charge for bankruptcy on credit card?

It is important to note that if family and friends are going to cover the cost, they must be the ones paying the attorney in New York. This means, that you cannot charge the cost of bankruptcy on your credit card, and then have your family member or friend pay you back.

Can I pay my bankruptcy attorney in New York?

Many times, potential New York bankruptcy clients are hard workers, but even with the high cost of living in New York City , they are unable to pay their bills. Fortunately, if the potential bankruptcy client is working, they can save up their money to pay the costs associated with bankruptcy. This can be done by not paying your creditors. If you are one hundred percent sure that you are going to file bankruptcy, then you can stop paying your credit card bills which will, in turn, free up some cash that can be used to pay your bankruptcy attorney. In a Chapter 7 bankruptcy, unsecured debts such as credit card bills are discharged. Thus, if you are going to file bankruptcy then it makes little sense to keep paying your credit cards which could be used to help pay for your attorney.

Do bankruptcy attorneys have to pay before filing?

There are different types of payment plans that Bankruptcy attorneys offer to their potential clients. Some attorneys allow you to spread payments over time, while others want the full payment. Bankruptcy Attorneys in New York, however, have one common rule. That is, they must be paid before the case is filed. As mentioned above, if the attorneys do not receive their fee up front in a Chapter 7 Bankruptcy, then there is no obligation that you will have to pay them once you are in bankruptcy, because all of your debt gets discharged.

How much does it cost to file for bankruptcy?

The court filing fee for a Chapter 7 bankruptcy is $338. If you are not eligible to apply for a fee waiver, but are having a hard time coming up with the fee all at once while creditors are still able to collect from you, you can file an application to pay the court filing fee in installments. This will allow you to get your bankruptcy case filed, and immediately initiates the automatic stay which prohibits your creditors from taking any further action against you.

How long does it take to file for bankruptcy in New York?

One of the requirements everyone filing bankruptcy has to meet is completion of a credit counseling course. This course takes about 1 - 2 hours and can be taken online, by phone, or, depending on where you live, in person. The company you use to complete this requirement must be pre-approved to offer it in New York State. The Office of the United States Trustee handles the approval process, and publishes a current listing of all approved providers on their website.

How to file for bankruptcy?

The first step in preparing to file is to collect your bankruptcy documents. These are the documents you’ll need to fill out your bankruptcy petition. To make sure that you properly schedule all of your debts, get a copy of your credit report from each one of the three credit bureaus. You’re entitled to a free copy of your report from each one of them every year. Additionally, you should also collect all collection notices and letters you’ve received in the last 90 days from debt collectors and collection agencies as some of them may not yet appear on your credit report.

What counties are in the New York bankruptcy court?

This district has jurisdiction over all New York bankruptcy cases filed by residents of the Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester counties, and has concurrent jurisdiction over Greene and Ulster counties. It has locations in Manhattan, Poughkeepsie, and White Plains and is currently handling 90 so-called mega cases .

How many copies of bankruptcy papers do you need to bring to court?

If you are in the Western District of New York, you have to bring three copies in addition to your original bankruptcy forms to the court.

How long can you keep your assets in New York?

As long as all of your assets are covered by the exemptions you choose to use, you can keep everything. If you have lived in the Empire State for at least 2 years when you file bankruptcy, you’re able to choose either New York bankruptcy exemptions or federal bankruptcy exemptions to protect your property.

What is the number for legal aid in New York?

Legal Aid Society of Mid-New York, Inc. (315) 793-7000.

What does a bankruptcy law firm do?

Most people with debt problems don’t know they have a legal option-that they are eligible to file for bankruptcy.

How much does a bankruptcy attorney cost?

It can be a tough decision to file bankruptcy, but for many people, and especially for those facing something like foreclosure or a wage garnishment, filing for bankruptcy protection may be the only way to have a financial fresh start.

Can You Pay Bankruptcy Attorneys With a Credit Card?

Bankruptcy attorney fees should NOT be paid with a credit card. There is a prohibition in the Bankruptcy Code of incurring debt with the intention of filing bankruptcy, and this is considered fraudulent.

How do you find a bankruptcy attorney?

For many people, the decision to file bankruptcy comes amidst a very difficult time in life. Bankruptcy relief is incredibly powerful, however, that helps people get out of debt and receive a financial fresh start.

How to prepare for a meeting with low cost bankruptcy lawyers in NYC?

When you want to file for bankruptcy, you may want to be prepared for your first meeting with any New York City bankruptcy lawyers you’re meeting with. When it comes to legal service, the most important thing is to make sure that you have any and all questions you have answered.