What is the average cost to file personal bankruptcy, Chapter 13? 14 Answers as of November 18, 2014

I do not want to lose my house which has a Home Equity Line of Credit.

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Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
The Court has determined that fees can be paid up to $3,700.00 for a 36 month plan and $4,100.00 for a 60 month plan. If additional Motions are needed they are paid up to $300.00 if no hearing is needed, or $400.00 if a hearing is required. An attorney may only require a portion of the retainer prior to filing. The remaining balance is then paid through the Plan.
Answer Applies to: Florida
Replied: 11/18/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not knowing any facts about you or your financial situation, a standard Chapter 13 can be about $5,500 plus the Court filing fee ($310) and the credit report fee ($75). I typically get $1,000 of the attorney fees up front to file the case, plus costs. If there are no emergencies, I give my clients 90 days to pay these amounts so we can file their case ($1,000 + $310 + $75). The balance of the attorney fees ($4,500) are paid through the Chapter 13 plan. I have successfully filed THOUSANDS of bankruptcies, so we are very experienced. Go to the attorney's website and look at the testimonials - that will tell you a lot. Good luck!
Answer Applies to: Colorado
Replied: 11/13/2014
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
A chapter 13 petition can be filed for under $125.00. Usually the majority of the attorney fees are paid after filing the petition.The filing fee for a chapter 13 is $310.00, the court will allow you to pay $75.00 with the filing and the balance within 90 days. You will need to obtain a Credit Counseling Certificate, usually at a cost under $25.00. Reputable bankruptcy attorney's will want to run a credit report and asset search for a small fee. However, if you have a problematic case, the cost to file maybe higher.
Answer Applies to: Nebraska
Replied: 11/13/2014
Idaho Bankruptcy Law | Paul Ross
I cannot speak nationally. In Idaho, the typical Ch 13 costs between $2,500 and $4,000. That will depend on the complexity of your case. But typically we only charge $500 or so up front, the rest is paid through the plan payments. Regarding the HELOC, visit with an attorney. In most cases you will not lose a home in a Chapter 13 and a HELOC rarely changes that scenario.
Answer Applies to: Idaho
Replied: 11/13/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
The no look fee is currently $3,600 in southern California, where I practice , unless the debtor is self employed business owner then it goes to $4,500. No look means the court approves such a fee without the attorney having to account for their time. Some attorneys, if the case is more complex than the typical, will charge higher fees and then account for the time they spent. No attorneys I know of locally will charge less than the "no look". We typically agree among ourselves that this fee is quite low given how much time must be spent to ensure a successful completion of a case, but not wanting to spend time tracking time, most attorneys prefer to take the "no look" fee. Unlike Chapter 7, where legal fees need to be paid upfront before the case is filed, attorneys are allowed to take a small portion of the fee upfront and then get the remainder of the fees paid out of the Plan after the case is confirmed. From filing to confirmation can take about 3-6 months or longer if there are some things lien strips or other issues in the case. I typically will ask for a minimum of $1,500 with the remainder to be paid out of the Plan.
Answer Applies to: California
Replied: 11/12/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    What you pay in a chapter 13 is based on your ability to pay as determined by the Chapter 13 trustee comparing your budget to national standards. The attorney fee is paid over time as part of the confirmed plan. It is the least of your worries in a chapter 13. The filing fee is set nationally at $310 and typically you should expect to pay that up front, although even that can be paid in monthly installments. Then of course there is the cost of the mandatory credit counseling. Beyond that, attorney fees vary greatly.
    Answer Applies to: Oregon
    Replied: 11/12/2014
    LAW OFFICE OF RALPH L. WILLIAMS
    LAW OFFICE OF RALPH L. WILLIAMS | RALPH L. WILLIAMS
    Attorney fees usually between $3,000.00 and $3,300.00 and filing fees are $310.00. Fees can be paid through the Chapter 13 Plan.
    Answer Applies to: California
    Replied: 11/12/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The total cost to file a Chapter 13 is regulated by the court and depends on the work you need or want to have provided to you. Lienstripping to remove your second mortgage will cost you an extra $1,000. Most people are only interested in the amount of the down payment, and many believe that the amount quoted for a down is the total fee. So they can get pretty indignant when someone tells them the total amount and feel that the higher fee is from an attorney ripping them off. Nothing could be further from the truth. It is, in fact, the attorney that quotes the down as if it is the total fee that is the deceiver. After paying the down payment, the balance of the legal fee is paid out of money paid to the trustee.
    Answer Applies to: Nevada
    Replied: 11/12/2014
    Ronald K. Nims LLC | Ronald K. Nims
    In the Southern District of Ohio (where I practice), the court's filing fee is $310, there is a mandatory online course which costs around $20 and my fee is $2,250. But you don't need to pay the fees upfront. I require a $250 deposit which covers $150 of my fee and $100 of the filing fee - the remainder is paid through the Chapter 13 plan.
    Answer Applies to: Ohio
    Replied: 11/12/2014
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    This is an impossible question to answer. Fees vary by region, so I would have no way of knowing what attorneys charge where you live. However, chapter 13 fees are universally higher than chapter 7 fees. Shop around and see what lawyers in your area are charging. That being said, you should consider a chapter 7 bankruptcy before you assume that you need to file a chapter 13. You may be able to claim an exemption on your home which would allow you to keep it. Talk with an attorney before you commit to anything.
    Answer Applies to: Colorado
    Replied: 11/12/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    All most all courts have a "no look fee" in the local rules (a flat fee for routine matters in the case). Look at the local court web site, look at local rules, read the Chapter 13 section. In the Central District of California it is $4,000.00 for wage earners and $4,500.00 for debtors operating a business.
    Answer Applies to: California
    Replied: 11/12/2014
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Filing fee is about $310.00. Credit counseling fee about $42.00. Attorney varies but paid in plan.
    Answer Applies to: Alabama
    Replied: 11/12/2014
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    There is no average cost. There are only average attorneys, beginner attorneys, better attorneys and the best attorneys. The cost may depend on the issues and which side of the state you reside. It may involve issues such as the amount of your debt. Whether you have unexempt property, a business, fraudulent conveyance issues, voidable preference issues, etc. Whether you intend to strip away a home equity mortgage. Generally the majority of fees in a chapter 13 are paid thru the plan.
    Answer Applies to: Michigan
    Replied: 11/12/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Average cost is $3,000 to $5,000 but many attorneys will take half and the other half can be put into the chapter 13 payments.
    Answer Applies to: New York
    Replied: 11/12/2014
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