How Much Is The Filing Fee In A Chapter 7 Case?
November 4, 2022
The current filing fee is $335.00.
WHAT IF I DON’T HAVE ENTIRE THE $335 OR ANY OF IT?
The filing fee can be paid in installments, up to 4 months.
WHAT IS THE FILING FEE?
It is the amount the Courts has determined what is necessary to administer Chapter 7 cases. In my opinion it is too much.
DOES THIS INCLUDE THE LAWYER’S FEES?
The answer is “No.”
ARE LAWYER’S FEES PAID BEFORE THE CASE IS FILED?
Generally all or a large part of the lawyer’s fee is paid after the Chapter 7 case has been filed.
HOW MUCH ARE THE LAWYER’S FEES?
It is possible to can pro se, or without the help of a Chicago bankruptcy attorney but the success rate of doing so is not high. In general, nearly twice the number of pro se Chapter 7 cases are dismissed than attorney-represented cases are, and attorneys file about four times as many cases as self-represented parties do. With a Chicago bankruptcy attorney, the success rate of a chapter 7 bankruptcy case increases to over 95%.
For those who opt for a Chapter 13 instead, pro se filers fare even worse than their Chapter 7 counterparts. The approximate success rate for Chapter 13 with a Chicago bankruptcy attorney is over 55%. The pro se success rate is less than one percent or one in 2,500. Less than half of all chapters filed pro se will likely receive a discharge, while over 80 percent of Chicago bankruptcy attorney-represented cases will be discharged.
Most people file pro se because they either think they don’t need an attorney or they believe they can’t afford a Chicago bankruptcy attorney, since attorney fees make up the majority of the cost of filing for bankruptcy. They’re already short on cash, so think they don’t have much to spare for a lawyer and they’re looking for the best rate they can find.
AVERAGE CHAPTER 7 CHICAGO BANKRUPTCY ATTORNEY FEES
Under Chapter 7, you must surrender all of your non-exempt property to a Bankruptcy Trustee. Exemptions vary by district and some districts give more protection than others. The Trustee will sell your property and use any proceeds to pay your creditors. At the end of the process, your remaining unsecured debt is discharged, meaning forgiven.
When you file a Chapter 7, you’ll generally have to pay the fees up front. The average attorney fee for a Chapter 7 case is just over $1,200. That cost can vary significantly by market. You can generally expect to pay more in a larger metro area than in a small village. In addition to your location, the complexity of your case and the quality of your Chicago bankruptcy attorney will affect your fees. If you’re filing a simple no asset case where you have no non-exempt assets, you’ll pay less than you would for a complex case, which is more likely to end up in litigation. The cost will also vary based on the experience level and reputation of your Chicago bankruptcy attorney. An experienced attorney firm will charge more than a new law school graduate.
Your attorney will handle all of the administrative issues in your case, like filing the paperwork at the right time with the right content. She or he also help you use your local or the federal bankruptcy exemptions to protect as much of your property as is possible. If creditors object to your discharge or ask for relief from the automatic stay, which stops them from trying to collect from you while the bankruptcy is pending, your attorney will answer their motions and make sure that you’re relieved of as much debt as possible.
DO ALL LAWYERS CHARGE THE SAME AMOUNT? NO.
Clients tell me that the firms who do a lot advertising charge more than firms such as Robert J. Adams & Associates. Someone has to pay for the TV and Radio ads.
Some law firms advertise “No Money Down.” Is that true? The answer is “Yes.” But, be wary. People tell me that the total amount to be paid is very high. Review the proposed contract before you sign and commit yourself.
Disclaimer: Blogs on legal matters are for information purposes only and is not to be construed as legal advice.
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