QUESTION
Can an attorney increase the fee for filing bankruptcy?
Asked on Nov 17th, 2011 on Bankruptcy - Oklahoma
More details to this question:
An attorney charges me a fee for filing bankruptcy. I take cash in there, but the clerk is saying it is a higher fee. The clerk takes the difference of what the attorney doesn't get. Is that illegal?
10 ANSWERS
Glen Edward Ashman
Your post as posted makes no sense at all. Try reposting and explain what actually is going on.
Answered on Jun 26th, 2013 at 1:15 AM
1 Award
No.
Answered on May 31st, 2013 at 1:17 AM
You are responsible for fees pursuant to your written contract with your lawyer - read it to see exactly what fees can increase. Remember, too, that the court's filing fee has nothing to do with your attorney fees. The bankruptcy court charges $306 just to file a Voluntary Petition for Chapter 7 Bankruptcy.
Answered on Nov 18th, 2011 at 4:26 PM
Daniel James Wilson
You are experiencing bait and switch. That means advertising an unrealistically low fee and then charging you extra every step of the way. You should expect to pay a reasonable fee for a BK. In Colorado a fair fee for a Ch 7 is around $1500, more if there are difficult issues such as a small business, lien strips, garnishment, lots of creditors. You should have a contract with your present attorney. If you do, read it carefully. If you don't have a contract, demand one immediately.
Answered on Nov 18th, 2011 at 2:02 PM
Bankruptcy Attorney serving Hayward, CA
at
Carballo Law Offices
Update Your Profile
Not clear what you are saying or why you would be dealing with the clerk or even what kind clerk you are talking about but a contract or retainer agreement is required by law when you pay an attorney to handle your bankruptcy case and that agreement must state the amount to be charged for legal services. There was an increase recently in the court filing fee of $7 recently but not clear if that is what you are talking about. If you have an attorney you should not be dealing with the clerk of the court at all so that doesn't sound right either. Make sure you are dealing with an attorney and you can go to the website of the California Bar and verify that the person is licensed as an attorney and in good standing.
Answered on Nov 17th, 2011 at 11:03 PM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
Of course it is! Attorneys don't increase filing fees if you are complaining about the recent increase in the filing fee of $7.00 imposed by your government which announced the increase about a week or so before 11/1/2011. Your complaint should not be with the attorney but with Congress.
Answered on Nov 17th, 2011 at 3:44 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
at
Gregory J. Wald
Update Your Profile
The court raised the bankruptcy filing fee on November 1, 2001 by $7.00.
Answered on Nov 17th, 2011 at 3:44 PM
Bankruptcy Attorney serving Atlanta, GA
at
Jakob-Barnes Law Firm, LLC
Update Your Profile
If you are talking about the filing fee, they are set fees. There was recently an increase and that may be the difference. If you are hiring an attorney, and you should, they should be filing the paperwork.
Answered on Nov 17th, 2011 at 3:10 PM
judith runyon
I do not understand what you are referring to. The court filing fee is set by the court. The attorney’s fee is different.
Answered on Nov 17th, 2011 at 3:07 PM
The filing fee for chapter 7 bankruptcy (charged by the federal bankruptcy court) went up from $299 to $306 on November 1, 2011. If your fee agreement said that you were responsible for paying court filing fees, you would be responsible for this increase of $7.
Answered on Nov 17th, 2011 at 3:04 PM