Your Trusted Bankruptcy Attorney in Gilbert, AZ
Bankruptcy Fees and Costs
Charted Course Law offers some of the lowest fees in the Valley. It’s necessary for us to talk before quoting a fee because the cost depends on your particular situation.
I’ll match any reasonable written fee quote from another local bankruptcy attorney. For many Chapter 13 cases, I can file the petition with zero down. I can also file your case on the same day you come in to see me as long as you provide certain necessary documents, such as pay stubs, bank statements, tax returns, etc. But same-day filing isn’t for everyone; in fact, it’s detrimental when delaying the filing is in your best interest. I will coordinate your bankruptcy filing in a way that maximizes exemptions and gets you the best possible results.
While shopping for a low fee, you’ll find that published bankruptcy attorney fees may contain the dreaded asterik, as in *some restrictions apply. This is because the amount of work involved in a case can vary greatly. For example, a client who owns a business has a more complicated bankruptcy case than a client living on social security income. You wouldn’t expect a mechanic to charge the same price for an oil change as a brake job, and attorneys must operate in a similar way to maintain a profitable business. So keep in mind that the published fee may not end up being the fee you are actually asked to pay after having a consultation. Also, beware of extra fees on top of the base fee (read the fine print!). My fees don’t jump by a couple hundred dollars just because you have ten creditors instead of nine. And after filing your case, I won’t ask you to pay a separate fee for each reaffirmation agreement.
In Chapter 13 cases, many attorneys (myself included) charge on an hourly basis. The Chapter 13 plan is prepared with an estimated total for attorney fees budgeted over the term of the plan. If the estimated fees are $8,000 or so, that’s probably what you’ll end up paying over the plan term at a minimum, especially when the attorney’s hourly rate is in the $500 range. The bankruptcy attorney you meet with should tell you how much the estimated fees are, which is important because that amount does impact your monthly plan payment.
Phone calls from creditors and collectors can drive you crazy. The stress may lead to putting down a small deposit and signing a fee agreement with the first bankruptcy law firm you visit. The problem with this approach is that if the fees and costs total $2,000, and you sign a contract to pay $100 per month, it’s going to take you nearly two years to pay it off and get the case filed. In the meantime, your life may change in a way that disqualifies you from filing Chapter 7, such as starting a new job at a higher pay rate or marrying a spouse with significant income. Creditors with judgments can still garnish your wages and/or bank account. Simply retaining an attorney can give you a false sense of security because it doesn’t prevent creditors from exercising their legal rights, including commencing lawsuits against you. There are a number of call blocker apps available that you may want to consider using to deal with the phone calls until you’ve accumulated the funds needed to file your case.
Everyone who files bankruptcy pays a court filing fee, unless they qualify for a waiver of the fee. The fee waiver requirements are stringent, and basically if you are able to pay an attorney to represent you, then you’ll have to pay the filing fee as well. The filing fees are currently $335 for Chapter 7 cases and $310.00 for Chapter 13 cases. It is possible to pay the Chapter 7 filing fee in installments when you can’t afford to pay it in full prior to filing.