How much does it cost to file a chapter 13 bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

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How much does it cost to file a chapter 13 bankruptcy?

How much does it cost to file a chapter 13 bankruptcy? Is it more expensive than a chapter 7 bankruptcy?

Answer By Asaph Abrams
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.

Answer Applies to: California
Replied: 9/23/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
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Yes ch 13 is more expensive than ch 7. However many attorneys allow a partial up front payment and the balance can be paid through your ch 13 plan.

Answer Applies to: California
Replied: 9/23/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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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.

Answer Applies to: Colorado
Replied: 9/22/2011

Law Offices of Michael J. Berger
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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.

Answer Applies to: California
Replied: 9/21/2011

Answer By Eric Benzer
Eric J. Benzer, Attorney at Law
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2500 plus.

Answer Applies to: Maryland
Replied: 9/21/2011

Bankruptcy Law office of Bill Rubendall
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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.

Answer Applies to: California
Replied: 9/21/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Chapter 13 is more expensive than chapter 7. Each district has a "no look fee". This is a fee the court will allow the lawyer without filing a motion to determine the fee. In the central district that fee is $4,000.00 for a non-business case. It does not have to be paid all at once. For example, I often have the client pay me $1,000.00 plus the filing fee up front. The rest they pay when they make their plan payment to the trustee. The trustee then pays me from the funds she collects.

Answer Applies to: California
Replied: 9/21/2011

Mercado & Hartung, PLLC
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Ch 7 is $299 and a Ch 13 is $279.

Answer Applies to: Washington
Replied: 9/21/2011

Law Office of John C. Farrell, Jr.
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It depends on how much the attorney charges and how much work is involved. One way to reduce the costs is to do alot of the leg work for the attorney. Typically CH13 is more than CH7 because it is more complicated.

Answer Applies to: Massachusetts
Replied: 9/21/2011

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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The cost depends on the attorney and the county you live in. A Chapter 13 is more expensive because it is more work and you will be involved with your attorney for 3 to 5 years, depending on which chapter 13 you qualify for. In downstate NY, a Chapter 13 is in the neighborhood of $3,500 to $5,000 and a Chapter 7 is around $2,000 to $3,000. But for a decision this big you should look for a good attorney, not to price shop too much. A good attorney will let you know which you qualify for and which is in your best interests.

Answer Applies to: New York
Replied: 9/21/2011

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