How Much Does It Cost to File Bankruptcy?

Written By: Emil FleysherApril 28, 2023
How much does it cost to file bankruptcy

Are you struggling with overwhelming debt and considering filing for bankruptcy? But the thought of bankruptcy costs is holding you back? Well, fear not because, with the best law firm, you can easily navigate the bankruptcy filing process. So, how much does it cost to file for bankruptcy? Read on to find out.

What Does It Cost to File for Bankruptcy?

The cost of filing for bankruptcy varies depending on many factors, such as the type of bankruptcy you're filing for, the complexity of your case, and the location where you're filing. Filing fees generally range from a few hundred to several thousand dollars.

It's important to note that filing fees are just one component of the overall cost of filing for bankruptcy. You may also need to pay attorney fees, credit counseling, and other expenses associated with the bankruptcy process.

What Are the Bankruptcy Filing Fees?

What are the bankruptcy filing fees

If you file for bankruptcy, you must pay a filing fee to the bankruptcy court for your case to be opened. You can only file for bankruptcy if you pay the filing fees.

Chapter 7 Bankruptcy

The total filing fees charged by the Bankruptcy Court for a Chapter 7 bankruptcy filing are currently $338. It includes a $245 filing fee, a $78 administrative fee, and a $15 trustee surcharge. The filing fee is paid to the court when you submit your bankruptcy petition, and it is a standard fee that all bankruptcy filers must pay.

The administrative fee is paid to the court to cover the costs of administering the bankruptcy case, including maintaining court records, providing notice to creditors, and processing bankruptcy claims. The administrative fee is typically $78 for a Chapter 7 filing.

The trustee surcharge is a fee paid to the trustee appointed to oversee the bankruptcy case. The trustee reviews the bankruptcy petition, liquidates non-exempt assets, and distributes the proceeds to creditors. The trustee surcharge is $15 for a Chapter 7 filing.

Chapter 13 Bankruptcy

For Chapter 13 bankruptcy, the filing fee to the Bankruptcy Court is $313. It includes a filing fee of $235 and an administrative fee of $78.

There is no trustee surcharge in Chapter 13 filing because the trustee receives a portion of the monthly amount paid to creditors by the debtor once a repayment plan is in place.

While bankruptcy filing fees may seem daunting, they can often be waived or paid in installments if you meet specific income requirements.

Additionally, navigating the complex world of bankruptcy can be overwhelming. Still, with the help of a knowledgeable bankruptcy lawyer, you can successfully navigate the process and achieve a fresh financial start.

What Are the Normal Fees for a Bankruptcy Attorney?

The rates for a bankruptcy attorney might vary based on criteria such as the case's complexity, the practitioner's location, and their experience level. Generally, bankruptcy attorney fees range from several hundred to several thousand dollars.

Average Chapter 7 Bankruptcy Attorney Fees

A Chapter 7 bankruptcy is frequently less costly than a Chapter 13 bankruptcy. Chapter 7 bankruptcy attorneys might charge between $1,300 and $2,500. The fee may vary depending on the following factors: complexity, location, level of attorney relationship, and expertise of the bankruptcy lawyer.

Average Chapter 13 Bankruptcy Attorney Fees

Chapter 13 bankruptcy attorneys charge according to the local bankruptcy court’s guidelines. In Florida, all districts have established the base fee at $4,500.

While Chapter 7 attorney fees vary, many Chapter 13 fees are similar based on these “no-look fees,” which are deemed reasonable for the service performed. 

What Are Other Possible Bankruptcy Fees?

What are other possible bankruptcy fees

Filing forms alone does not constitute bankruptcy. Particularly with Chapter 7 exemptions, there is ample possibility for dispute. Consequently, while legal fees for a simple Chapter 7 case range between $1,300 and $2,500, most firms will charge more if court time is required.

Suppose, for instance, that the bankruptcy trustee disagrees with your assessment of the exempt property. Before a judge, this issue must be resolved. Your attorney must prepare a defense and appear in court, which will likely incur additional costs.

If someone files an adversary process against you (say, objecting to your discharge on the grounds of fraud or concealment of records), you're in for a lot of investigation, preparation, and court time. An adversarial proceeding may exceed $10,000 in costs.

Such circumstances are uncommon. If you have a skilled attorney, most cases will run efficiently. Yet, the scenarios are feasible, and you should keep them in mind while calculating the cost of your bankruptcy.

What Are the Ways to Pay Bankruptcy Fees?

If you are filing for bankruptcy, you will likely need to pay various fees associated with the process. These fees can include credit counseling, attorney, and court fees. However, several options are available if you need to pay these fees upfront. Here are some ways to pay bankruptcy fees:

Set up a Payment Plan.

Many bankruptcy courts offer payment plans to individuals needing help to pay the fees upfront. It allows you to make monthly payments over some time rather than paying the full amount at once.

Apply for a Waiver.

If you petition for Chapter 7 bankruptcy, you can ask the court to waive the filing fee. To be eligible for a waiver, you must not pay the installment fee and earn less than 150 percent of the federal poverty level.

Get in Touch With Legal Aid.

Legal aid organizations can provide free or low-cost legal assistance, including help paying bankruptcy fees.

Find a Lawyer Who Will Work Pro Bono.

Some bankruptcy lawyers may be willing to work pro bono (for free) or at a reduced rate for individuals who cannot afford their services.

Sell Some of Your Possessions.

While this may not be ideal, selling some of your possessions may provide you with the funds necessary to pay the bankruptcy costs and other court costs.

Ask For Help.

If you have friends or family members willing and able to help you, consider asking for their assistance in paying the bankruptcy fees.

What Can Your Bankruptcy Attorney Do for You?

What can your bankruptcy attorney do for you

As a bankruptcy attorney, your lawyer can provide various services to help you navigate bankruptcy and get the best possible outcome. Here are some ways your law firm can help you:

Help you understand the bankruptcy process.

A bankruptcy attorney can explain the different types of bankruptcy (Chapter 7, Chapter 13, etc.) and help you determine which type is best for your situation.

Stress Relief

It can be unpleasant and daunting to file for bankruptcy. An experienced bankruptcy attorney can help to alleviate some of that stress by guiding you through the process and handling many of the details on your behalf.

Ensure You Get The Most Out Of Bankruptcy Meetings

Several meetings occur during the bankruptcy process, including the 341 Meeting of Creditors and the confirmation hearing. An attorney can help ensure you are fully prepared for these meetings and get the most out of them.

Navigate Complex Legal Matters

Bankruptcy can be a complex area of law, with many rules and regulations to navigate. An attorney can help you understand these legal matters and ensure you comply with all relevant laws.

Paperwork

Filing for bankruptcy requires a significant amount of paperwork. An attorney can help you complete this paperwork correctly and promptly.

Tracking Down Records

Your attorney can help you gather all the necessary documentation to file for bankruptcy, including tax, bank statements, and other financial records.

Discharge And Recovery

After your bankruptcy, your attorney can help you understand what you need to do to rebuild your credit and get back on track financially.

Peace Of Mind

Finally, working with an experienced bankruptcy attorney can give you confidence, knowing that you have someone on your side looking out for your best interests.

Your law firm can provide you with comprehensive and compassionate legal services. They know that filing for bankruptcy can be a challenging and emotional experience and are committed to helping clients navigate the process with as little stress as possible.

See also: Florida Bankruptcy Lawyer.

Get What You Pay For With Our Fleysher Law Bankruptcy Attorneys

Bankruptcy attorneys

At Fleysher Law, you should get what you pay for when it comes to bankruptcy attorneys, Which is why we provide complete legal services that are tailored to your particular needs and objectives. Our seasoned bankruptcy attorneys will work with you every step of the way to obtain the best possible outcome for your case.

If you are struggling with debt and contemplating bankruptcy, seek assistance quickly. Call us as soon as possible to book a consultation with one of our experienced attorneys. We will listen to your worries, answer your questions, and offer you the direction and assistance you need to make informed decisions about your financial future.

With our team of seasoned attorneys, you can rest assured that you will receive the best possible counsel at a reasonable cost. Take your time obtaining the fresh start you deserve. To get started, contact us at (888) 886-0020 immediately.

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