Fees and costs to file chapter 7 and chapter 13 bankruptcy
Chapter 7 attorney fees average from $979-$1179 for most cases plus the filing fee. This fee does not cover contested matters or adversary proceedings or reaffirmation agreement hearings. The fee for a specific case depends on the client’s specific facts, their income level (above or below the median income) and whether or not the case will have assets that will be claimed by the Trustee. After the initial free bankruptcy consultation, I will quote you a firm fee. If you do not think the fee quote is fair, you will owe me nothing for the consultation. The retainer to get started on your chapter 7 case is usually $300.00. In most chapter 7 cases the balance of the attorney fee will need to be paid prior to the filing of your case with the court but you can make payments in an amount that works for you up until the day we file the case with the court.
The average fee for a chapter 13 case is between $2,799-$2,999. Why so much higher? Chapter 13 is a more complex type of bankruptcy filing and your attorney will be working on the case for 3-5 years. However, most of these fees do not need to be paid in advance for most cases. In a Portland, Oregon chapter 13 bankruptcy case, the majority of the attorney’s fees will be paid as part of the chapter 13 payment plan. So, the attorney’s fees can be spread out over a period of time. The down payment required to start a chapter is usually $300 but can be higher in some cases.
Bankruptcy Court Filing fees:
The current filing fee for a chapter 7 case is $338. The court will often allow you to pay this filing fee in installments after the case is filed. The most common payment plan that I propose to the court is $113, $113, $112, with the first of those payments due about 30 days after your case is filed with the court. You can make the filing fee by either mailing a cashier’s check, money order or personal check or by paying online at the bank of the court website. You also do have the option of paying the chapter 7 bankruptcy filing fee at the time your case is filed. In that circumstance you would pay the fee to me and then the court will charge my credit card when we file your case.
The current filing fee for chapter 13 is $310. However, the court will allow you to file your case for as little as $185. Usually in a chapter 13 when I received the initial printed all retainer I will allocate $185 of that retainer to cover the filing fee and I will retain the other $115 to cover my initial costs and expenses. The remainder of the filing fee in the amount of $128 will need to be paid to the court within approximately six weeks. The court will send out an order letting you know the due date for that payment. You can also pay that by mailing a payment or online at the court website. As with chapter 7, you can also pay the full filing fee at the time your case is filed by providing the funds to me and then I will pay your filing fee for you.
Here is a link to the Oregon Bankruptcy Court filing fee page on their website.
If you’re searching for a bankruptcy lawyer near you, I can help. For a free bankruptcy consultation use the contact form here on my website or call (503) 284-0994 to schedule an initial appointment. All client contact can be done remotely, over the phone, by email or text message. I look forward to working with you.