Perkins Law
Small Business Advocate

Level The Playing Field

 

General Information
What you Need for a Consultation
Which Chapter is for you?
     Chapter 7
     Chapter 13
     Chapter 11
Are you a Creditor?
Costs and Fees
Why You Need an Attorney
Which Debts Can Be Discharged?
Consultation Forms 
Making Payments 
Feeling Guilty? 
Notes on California Foreclosure Law
 
How the Process Works 

Louis Perkins Homepage

 

COSTS AND FEES FOR FILING BANKRUPTCY

This is ultimately (and understandably) the most frequently asked question that I get in cases, as one might expect.

MY FEES

Giving out fee quotations before having a full consultation regarding your situation is virtually impossible, and yet I get this question asked point blank without my being given any other information. The fees that I (or anyone) charge for a bankruptcy depend on numerous factors, including what chapter you are filing under, the complexity of the case, anticipated problems from creditors, the Trustee or the court, the number of creditors, specific geographic area, etc.

Also, like under any personal service situation, everything is subject to negotiation and I endeavor to work with all my clients so that they are comfortable with the payment amounts and how the representation is structured.

Now, I have already gone through why you may need an attorney (versus doing it yourself or going through a paralegal). If you'd like to visit that again, click here.

COURT FILING FEES

These are fees set and charged by the court and are required to file any bankruptcy in addition to any attorneys fees. These fees do not go to the attorney. These court fees are:

Chapter 7: $200.00
Chapter 13:$185.00
Chapter 11:$830.00 (for entities other than railroads)

WHAT ARE YOU GETTING FOR YOUR MONEY?

I will say that my fees for the various chapters are extremely competitive. Can you find lower fees elsewhere? Possibly. But what are you getting (losing) by saving that money and how much money are you really saving? We all like to think that all attorneys and doctors are equally competent, but it is simply not true. There are good doctors and hopelessly bad doctors and the same is true of attorneys. I'm not suggesting that just because an attorney charges lower fees that he is incompetent. I merely point out that the overriding decision on who to select should not be based solely on the fees charged.

There are a lot of bankruptcy attorneys out there...just like there are a lot of doctors. What amazes me is that people would almost never go to a doctor who charges "bargain basement" prices for something serious. Wouldn't that make you skeptical? So, why would you do that with an attorney who is essentially helping your financial future? I don't know the answer to that, but I get all kinds of calls from people who are trying to discharge (eliminate) $50,000 or more debt (for example) and want to save $100 on the attorneys' fees. As I have stated elsewhere on my pages, I get a lot of calls from people who have filed a bankruptcy with an incompetent attorney or paralegal (admittedly, often these attorneys have charged far more than I would have charged) and then want to hire me to fix the problems, if possible (and often it is not possible at that point).

When selecting an attorney, you need to ask several important questions:

1. Am I comfortable with this attorney?
2. Does this attorney have the experience and expertise to handle the problems that may arise in my case?
3. Is the attorney handling the main portions of my case himself, or delegating the work to secretaries or paralegals?
4. What am I getting for my fees?

This last question deserves some attention. I see all kinds of advertisements by attorneys offering bankruptcies at ungodly low attorneys fees with the disclaimer that says "fees starting at...". I would be most curious to find out if the attorneys actually take any cases at that amount. I sincerely doubt it.

5. Does your attorney provide a retainer agreement or services contract outlining specifically what is covered for your fees and outlines the responsibilities of both you and the attorney?