QUESTION
How much does it cost to file a chapter 13 bankruptcy?
Asked on Sep 20th, 2011 on Bankruptcy - Georgia
More details to this question:
How much does it cost to file a chapter 13 bankruptcy? Is it more expensive than a chapter 7 bankruptcy?
13 ANSWERS
judith runyon
Are you asking about attorney fees or the court filing fee?
Answered on Jul 09th, 2013 at 12:14 AM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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With regard to chapters 7 and 13, there is a threshold question of eligibility (you may be eligible for one chapter, both chapters, or neither chapter). Beyond that, the analysis is not cost, but cost versus benefit. Chapter 13 is a payment plan; chapter 7 is not, so in many circumstances, chapter 7 is cheaper. Yet, chapter 13 can afford benefits not available under chapter 7, such as the "stripping" of a wholly unsecured second mortgage. Therefore, chapter 13 may afford greater ultimate savings. It's a case by case kind of thing. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers.
Answered on Sep 26th, 2011 at 7:06 AM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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Attorney's fees for filing Chapter 13 bankruptcy are significantly more expensive than fees for chapter 7. In Colorado, Chapter 13 attorney's fees start at approx. $3300 and go up from there depending on complexity. I know of no experienced chapter 13 bankrupty attorneys in Colorado that charge less than $3300. I've have seen lower fees from young new attorneys. Probably the more important question is "How much the attorney wants down to file the chapter 13 bankruptcy?" Most experienced attorneys will accept one-half down to file and receive their remaining fees through the chapter 13 plan.
Answered on Sep 22nd, 2011 at 11:30 AM
Here is information from the fees page of my website, www.bankruptcypower.com that answers your question: The Court filing fee for a Chapter 13 bankruptcy is $274.00. The Court filing fee for a Chapter 7 bankruptcy is $299.00. I typically charge $4,000.00 for a Chapter 13 bankruptcy case for debtors who work for a company, and $4,500.00 for debtors who are self-employed, though complicated cases may involve additional fees. I typically ask my clients to pay me $2,000.00 before the filing of the Chapter 13 petition, with the balance of my legal fees being paid through the Chapter 13 plan. This allows my Chapter 13 clients to file bankruptcy and save their homes without having to pay me the entire legal fee before the filing of the bankruptcy petition. I handle all Chapter 7 bankruptcy cases on a flat fee basis. My fees for a Chapter 7 range from a minimum of $1,500.00 to a maximum of $5,000.00, depending on the complexity of the case. My median fee for a Chapter 7 is $2,000.00. My flat fee covers many things that paralegals cannot do, and other bankruptcy attorneys charge extra for. Half of the fee is due when you hire me, half is due immediately before filing of the bankruptcy petition. Conclusion: It usually costs less to file a Chapter 7 than to file a Chapter 13. This is because there is more work involved in handling a Chapter 13 bankruptcy case than there is handling Chapter 7 bankruptcy. In addition to the petition and schedules that you have in both Chapter 7 and Chapter 13 cases, you have to prepare a plan and prepare for and attend one or more plan confirmation hearings in a chapter 13 case.
Answered on Sep 22nd, 2011 at 8:40 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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The total fees for chapter 13 are more than chapter 7. However, the up front cost is about the same, roughly $2000. There are additional fees built into the payment plan. In the Oakland division personal chapter 13 total fees are $4800.
Answered on Sep 21st, 2011 at 10:33 AM
Glen Edward Ashman
Chapter 13 is far more complex than a 7. While the legal fees are less apparent as some may be buried in your plan, I charge 3-4 times more for an average 13 than a 7. Note that you do not (usually) have a choice between the two. The facts that let you file one tend to prevent the other. Discuss this with your lawyer.
Answered on Sep 20th, 2011 at 8:48 PM
Daniel James Wilson
Depends a lot on the policies of the attorney. I usually get between $1500-2000 up front and perhaps another $2000-4000 through the plan. Ch 13s are a LOT of work. I sometimes file one for much less down, particularly if the debtor is living on Social Security.
Answered on Sep 20th, 2011 at 8:02 PM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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The cost of a Chapter 13 will depend on several factors and will vary from one attorney to another. Generally, a Chapter 13 will cost more in legal fees than a Chapter 7 due to the difference in the amount of legal work involved.
Answered on Sep 20th, 2011 at 7:57 PM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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The legal fees vary depending upon your circumstances. A chapter 13 is more costly in terms of legal fees then a 7.
Answered on Sep 20th, 2011 at 6:46 PM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Yes a chapter 13 is more expensive than a chapter 7 and is jurisdiction specific so talk to a lawyer in your area.
Answered on Sep 20th, 2011 at 4:19 PM
Immigration Attorney serving Salinas, CA
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Law Office of Magnolia Zarraga
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A chapter 13 varies in many ways from a chapter 7; cost is one of those ways. In our area, the court has guidelines that bankruptcy attorneys must follow when setting their fees for a chapter 13. The cost is basically based on the type of debt you have, and whether anything out of the ordinary must be done on your case. The attorneys typically will file a chapter 13 upon payment of a deposit, the rest of the attorney fees will get paid back through what called a chapter 13 plan. You will have a monthly payment to the trustee; out of that money the balance of your attorney's fees will be paid. A chapter 7 is very different. Attorneys must get the entire amount up front before the filing can occur. The fees range from attorney to attorney and from case to case but typically can run anywhere from $1300- $2000 and can go up from there if there is a business involved or tax issues, prior bankruptcy, or other issues. Consult with an attorney, that way they can give you a quote for their services after analyzing your situation.
Answered on Sep 20th, 2011 at 3:00 PM
Christopher H. Ariano
Yes, Chapter 13 generally costs more than Chapter 7. The reason is that there is work after filing in getting your Chapter 13 plan confirmed. Some attorneys charge less upfront and take more through the plan while others will demand payment up front.
Answered on Sep 20th, 2011 at 2:42 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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Generally attorney fees for chapter 13 are 2500 and 1500 for chapter 7; both require 299 filing fee.
Answered on Sep 20th, 2011 at 2:42 PM