The cost of filing bankruptcy can be broken down into two categories: attorney fees and legal costs.
Attorney Fees
Attorney fees are the fees you pay the attorney who is analyzing your financial situation, advising you based upon the analysis, preparing and filing your bankruptcy petition, and advocating on your behalf before the bankruptcy court and the court appointed trustee. The attorney fee compensates the lawyer for his work on your case. Most law offices, including this office, do not charge hourly fees for bankruptcies, but instead charge a flat fee based upon the complexity of the case.
Cost of Chapter 7 Bankruptcy
For
Chapter 7 bankruptcies, the attorney fee can range between $1,200.00 and over $2,000.00 with most basic cases costing $1,500.00. This fee will cover all aspects of most Chapter 7 cases. In rare instances, issues may arise which would require additional fees; but the need for any additional fee would be fully discussed with the client. Note: The United States Bankruptcy Court for the Northern District of California has promulgated “Guidelines for Legal Services to be Provided by Debtor’s Attorney in Chapter 7 Cases”. This office strictly adheres to the court’s published guidelines.
Cost of Chapter 13 Bankruptcy
For
Chapter 13 bankruptcies, a portion of the attorney fee is collected when the case is filed, but the bulk of the fee is paid through your Chapter 13 plan (as you make monthly payments to the Chapter 13 trustee under your confirmed Chapter 13 plan, the trustee pays attorney fees to the attorney). For the most simple of Chapter 13 cases the attorney fee will be $3,500.00 of which $1,200.00 will usually be paid upon filing and the remainder will be paid through the Chapter 13 Plan. The fee will be higher for more complex cases. Note: The Bankruptcy Court for the Northern District of California regulates attorney fees in Chapter 13 cases and has promulgated “Guidelines for Payment of Attorney’s Fees in Chapter 13 Cases”. This office strictly adheres to the court’s published guidelines.
Legal Costs
Legal costs encompass all other costs of your bankruptcy filing aside from attorney fees. The most important cost associated with a bankruptcy filing is the filing fee charged by the court where your case is filed. The filing fee varies depending upon which Chapter a case is filed under. For Chapter 7 the filing fee is $299.00 and for Chapter 13 the filing fee is $274.00. Other legal costs may include the cost of a credit report or real estate appraisal if necessary, or the cost of the pre-bankruptcy or post-bankruptcy credit counseling courses which each bankruptcy filer must undergo. All anticipated costs will be fully disclosed and discussed at the outset of our relationship.
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