How much is it to file bankruptcy?
Filing bankruptcy differs from law firm to law firm, from city to city. The only thing that remains constant is the filing fees with the court. At the time of this writing, the filing fee for a Chapter 7 bankruptcy is $306. The filing for a Chapter 13 bankruptcy is $281. Chapter 7 bankruptcy fees can vary anywhere from $750 in a simple case up to $3000 in a complex case or a corporation case. The level of experience of your bankruptcy attorney is what you want to look for, not necessarily the lowest price. Going with the lowest price can often get you a lesser service, a lesser attorney and open up your case to potential problems.
I’ve been practicing bankruptcy for over 21 years. I have seen all kinds of things happen between my clients; other clients that came to me after another attorney handled their case. I’ve heard stories from the trustees; I’ve been in court and heard from the judges. I’ve read on the subject for 21 years. Trust me when I tell you, you do not want to go to a bankruptcy attorney simply based on price. You want to make sure that the attorney that you hire has the requisite experience knowledge and ability to take the information that you provide and ask you the right questions, by the way, and put that into a bankruptcy petition which is going to pass the scrutiny of the trustee and the court. There is nothing worse than seeing someone who was with another attorney file a bankruptcy case and then lose property. There are certain prebankruptcy requirements that must be fulfilled. There are certain activities that must be done before you want to file a bankruptcy and you want to have a seasoned attorney to help you. So don’t go just on price.
As far as Chapter 13 bankruptcy cases are concerned, the courts in this area have what they call a Model Retention Agreement. The Model Retention Agreement basically states that attorneys can charge a certain dollar amount at the time of this writing it’s $3500 total over the life of the case, and the attorneys do not have to itemize for their time. This flat fee arrangement is the arrangement that 95% of all bankruptcy attorneys in this area use because it’s reasonable, it’s fair and it provides for a great value to the client without the attorney having to document time and go for the court for approval of their fees. So Chapter 13 fees, under the Model Retention Agreement, are basically going to be the same for most attorneys.
With that being said, that does not mean that all the law firms are equal. You want to make sure that the attorney you hire for Chapter 13 is experienced in Chapter 13 and handles Chapter 13 bankruptcy cases on a daily basis. If you go and meet with the attorney and ask specific questions to garner what they have in terms of understanding, you will be in a better position to make a determination on which attorney you want to hire to handle your Chapter 13 bankruptcy case.