Understanding how bankruptcy attorneys charge
Bankruptcy attorney fees vary widely by location, case complexity, and chapter. Understanding fee structures helps you evaluate whether a fee is reasonable.
Chapter 7 fees
Chapter 7 attorney fees typically range from $1,000 to $3,500, depending on your location and case complexity. Most attorneys charge a flat fee that covers the entire case from filing through discharge. The court filing fee is currently $338 (as of 2024), which is separate from the attorney fee.
Chapter 13 fees
Chapter 13 fees are generally higher, typically $3,000 to $6,000, because the case lasts 3-5 years and involves a repayment plan. Many districts have a "no-look" fee -- a presumptively reasonable amount the court approves without detailed review. Chapter 13 attorneys often accept partial payment upfront with the balance paid through the plan.
What should be included
- Initial consultation and financial analysis
- Preparation of all petition documents (schedules, statements, means test)
- Filing with the court
- Attendance at the 341 meeting of creditors
- Handling routine trustee requests
- Monitoring the case through discharge
What may cost extra
- Adversary proceedings (lawsuits within the bankruptcy)
- Motions to avoid liens
- Reaffirmation agreements
- Plan modifications in Chapter 13
- Motions for relief from stay defense
Fee disclosure is required: Under 11 U.S.C. Section 329 and Bankruptcy Rule 2016, attorneys must disclose all compensation received or agreed to in connection with a bankruptcy case. The court can order disgorgement of excessive fees.
Fee waivers available: If your income is below 150% of the federal poverty level, you may qualify for a waiver of the court filing fee. Ask the clerk's office about filing fee waivers under 28 U.S.C. Section 1930(f).
Related Topics
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