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If you're thinking about hiring a lawyer to file a bankruptcy petition and represent you, you'll have to pay attorneys' fees. Most bankruptcy lawyers charge a flat fee for a simple bankruptcy; others charge an hourly fee. When you pay attorneys' fees will depend, in large part, on whether you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy.
These include the type of legal services they are being asked to provide and/or the fee structure that a law firm or individual bankruptcy lawyer assigns to a particular matter. Without taking into account any other specific details, the average cost of a bankruptcy lawyer in the U.S. as of 2021 falls somewhere in between $200 and $400 per hour.
Of course, this is an estimate and will vary on a case-by-case basis. For instance, costs can be as high as $2,000 for a complicated bankruptcy case, or as low as $500 for a straight-forward filing.
The best way to calculate the total cost of hiring a U.S. bankruptcy lawyer is to speak with your prospective attorney about their hourly fees and/or rate structure. To learn more about the bankruptcy process or to find a low cost bankruptcy attorney near me, you should start by searching LegalMatch’s database.
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.
But between filing fees and the cost of hiring the right bankruptcy attorney, you could end up paying hundreds or even thousands of dollars to do so....How much does it cost to file for bankruptcy?Chapter 7Chapter 13Filing fees$338$313Attorney fees*$500 - $3,500$1,500 - $6,000Total$838 - $3,838$1,813 - $6,313
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.
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.
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.
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.
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.
Attorneys are free to charge what is reasonable given their experience and the complexity of your case subject to review by the court. Some courts have a "presumptive" maximum fee for certain types of bankruptcy cases, but the attorney can overcome the ceiling by demonstrating a good reason for charging more.
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 ...
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.
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.
As we’ve already mentioned, most bankruptcy attorneys will charge a flat fee for their services. That means you pay a fixed amount regardless of the hours and resources poured into the service. Although rare, some attorneys will charge an hourly rate.
The fees for Chapter 7 bankruptcy will depend on how complicated the case is. An individual with many assets could pay more than someone unemployed. In most instances, an attorney will charge from $1500 to $3500, depending on the complexity of the bankruptcy case. Larger firms will also charge a lot more than solo practitioners.
You’ll be required to pay the legal fees upfront for Chapter 7 bankruptcy as it will be better for your financial future. The reason for paying upfront is that Chapter 7 will eliminate most unsecured debts. This will also include the legal fees. Any balance while filing for bankruptcy will automatically be discharged.
The court sets “ acceptable” guidelines for Chapter 13 bankruptcy attorney fees. Unless under exceptional circumstances, a lawyer cannot charge more than the guidelines set by the court.
Thankfully, most lawyers will not require that you pay everything up front for Chapter 13 bankruptcy. In most instances, the attorney will require that a portion of fees is paid before filing the case. The balance can be included in the Chapter 13 payment plan.
Unlike in other cases, legal fees charged by bankruptcy attorneys will need to be reviewed by the courts. This doesn’t necessarily mean the rates are fixed and can only be determined by the courts. An experienced attorney can break through the ceiling if they can demonstrate with a good reason why they deserve the fees.
Filing for bankruptcy is a complex process. Excellent advice and proper legal representation are necessary. There are some essential qualities that a bankruptcy lawyer should have, and some of them include:
First, realize that it’s virtually impossible to successfully file bankruptcy and navigate the court system on your own. Second, the courts charge you for everything from making copies of forms to filing and administrative fees. So, there’s no such thing as a free way to file bankruptcy.
Bankruptcy lawyer fees can vary based on which state you live in and how much you owe to creditors. Find average attorney fees below, according to the 2016 United States Consumer Law Survey Report (Bankruptcy Edition):
Now that you know the average legal fee amounts, let’s talk about payment timelines. Here’s how those break down:
In addition to your attorney, you must pay the following fees when you file:
The role of an attorney in a Chapter 13 bankruptcy is significantly more involved than his role played in a Chapter 7 bankruptcy.
The cost of a Chapter 13 bankruptcy attorney varies geographically, but the typical fee is between $2200 and $3200 for the 3-5 years that the attorney will be representing you.
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.
The Martindale-Nolo study showed an average of $3,000 for Chapter 13 cases, with ranges from from $2,500 to $5,000. Chapter 13 fees are often governed by the bankruptcy court in the particular district so fees vary widely from district to district.
Factors that can add to fees include: Filing for a business bankruptcy as well as a personal one. Whether you are filing jointly with a spouse. You have multiple sources of income. You have non-exempt assets. You have numerous assets or unusual assets.
If creditors challenge your financial statements and allege fraud, having an attorney able to navigate a complex case would benefit you. The same would be true for cases springing from medical debt, a fairly common culprit in bankruptcy filings.
Though a successful Chapter 7 petition will discharge your debts, it will remain on your credit report for as long as 10 years , affecting your ability to borrow.
In Chapter 13 cases, judges will review attorneys’ fees unless they fall below a so-called “no-look” amount, which is a baseline considered reasonable in the jurisdiction where the case is filed. But in general, it’s a good idea to call or meet with several attorneys before choosing one to represent you.
Chapter 7 fees generally range from a low of $1,000 to high of $1,750. Of course every case is different, and a number of factors can affect the cost of your case.
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.
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.
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.
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.
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.
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.
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.