Bankruptcy Fees

The court clerks office is very helpful if you need help in filing the forms or getting them ready. You do not go before a judge during the filing. The bankruptcy clerk will check over your papers to make sure you have them all and have filled them out. Most bankruptcy courts have a “pro se” desk or clerk, meaning one that is especially set aside to attend ot the filing needs of persons who file without a lawyer. So, if you have any questions at all, don’t hesitate to ask.

Assuming the papers you submit are correct and complete and in order, you’ll pay the filing fee of $209. (call and make sure the fee has not been raised). (If you are unable to pay, the law (Bankruptcy Rule 1006) allows you to arrange with the court to pay by installment over a four month period. Thereafter, the clerk will assign a “Docket Number” which will follow the case all the way through. You should also get a stamped duplicate set of your petition papers from the clerk for your records. Now you go home until you receive written notification from the court on the next move.

NOTE: Remember that you can amend your petition, schedules, and statements of affairs at any time before (or even after) the court renders its final decision on your case. Fill out the form “Petition to Amend Schedules” listing the new changes you want to make, sign it and submit it to the court clerk. This will cost an additional $35.00.

For Chapter 13 the filing fee is $194. (call the court clerk and make sure the fee has not been raised), and you can pay it over a three month period.

NOTE: Make sure you make copies of absolutely everything to do with your case for your lawyer and a set for yourself. And make copies of each form you fill out. Make sure you have already signed and dated the forms before copying.

Lawyer fees can have a great range depending upon the lawyer you choose and how difficult your case is. When you meet with a lawyer they will be happy to explain the fees as well as what will take place throughout your case. Most initial meetings with a lawyer are free. Remember most lawyers don’t go to work until you have paid the entire fee in advance. In the meantime you are still being billed overdue charges from your creditors and being harassed by them for payment.