Bankruptcy Filing Fees
When you are deep enough in debt to consider filing for bankruptcy you generally wont have the cash on hand to fund the bankruptcy filing necessary to get relief.
Paying for Bankruptcy Filing Fees
The most common way to accumulate the cash to file for bankruptcy is to stop making payments on your dischargeable debts, and save that money toward a bankruptcy filing.
It can take many weeks, sometimes even months, for a creditor who decides to sue you to actually get a judgment that permits the seizure of property or wages. Lawsuits and laywers don't come cheap, that's why most creditors will rely on nasty letters and harassing phone calls for quite some time before taking legal action
Bottom line is you may have to take the time to save up your bankruptcy filing fees.
Cost of Bankruptcy
Bankruptcy Attorney fees vary from community to community and from lawyer to lawyer. Obviously the fees your bankruptcy lawyer charges will also be dependent upon the complexity of your particular bankruptcy.
Although it may seem somewhat odd to actually pay money for legal advice to go bankrupt, the more assets you have or the more questions there are about the discharge of your debts, the more important it becomes to have an experienced bankruptcy lawyer to represent your cause. When it comes to bankruptcy law, bankruptcy code and having to attend bankruptcy court, a good lawyer is far better that a paralegal or doing it yourself.
When you represent yourself, you just might be betting your house that you know what you are doing in a U.S. Bankruptcy Court of Law.
Unike your lawyer's fees, U.S. Bankruptcy Court Filing Fees are standard nationwide.
The following fees for filing a new bankruptcy case vary by the chapter of the bankruptcy code under which it is filed.
U.S. Bankruptcy Court Fee Schedule
Filing Fees and Special Charges (28 U.S.C. 1930)
( Effective October 17, 2005)
| ITEM DESCRIPTION | AMOUNT |
|---|---|
| Filing Fee - (includes the $39 administrative fee) | |
| Chapter 7 (also includes $15 trustee fee) | $ 274.00 |
| Chapter 11 | $1039.00 |
| Chapter 12 | $ 239.00 |
| Chapter 13 | $ 189.00 |
| Adversary Case | $ 150.00 |
| Petition Ancillary to a Foreign Proceeding (11 U.S.C. § 304) | $ 800.00 |
| Miscellaneous Filings - filing or indexing any paper in a case for which the filing fee has not been paid (includes Registration of a Foreign Judgment from another district) | $ 39.00 |
| Motions | |
| Motion to Compel Abandonment of Property | $ 75.00 |
| Motion to Terminate/Modify/Condition/Lift the Automatic Stay | $ 150.00 |
| Motion to Reopen Case - Chapter 7 | $ 155.00 |
| Motion to Reopen Case - Chapter 11 | $ 800.00 |
| Motion to Reopen Case - Chapter 13 | $ 155.00 |
| Motion for Withdrawal of Reference | $ 75.00 |
| Copies, Certification, and Search Fees | |
| Copies of any Paper or Record (charge is per page) | $ .50 |
| Certified Copy (Certification Fee + Copy Fee) | $ 9.50 |
| Exemplification - Triple Seal (Exemplification Fee + Copy Fee) | $ 18.00 |
| Reproduction of Recordings of Proceedings | $ 26.00 |
| Search Fee | $ 26.00 |
| Conversion | |
| Chapter 11 Conversion Fee (from Chapters 7 and 13) | $ 645.00 |
| Chapter 7 (from Chapters 11 and 13) | $ 15.00 |
| Matrix and Creditor | |
| Amendments to the Debtor's Schedules, list of creditors or matrix | $ 26.00 |
Funding Chapter 13
In contrast to Chapter 7, Chapter 13 attorney's fees can be financed, as it were!
Usually debtors pay a portion of the attorneys fees and all of the filing fee ($189) before filing. The balance of the fees are paid from the monthly payments that the debtor makes to the trustee.
Learn more about Chapter 13 Bankruptcy.
Bankruptcy Filing Fee Information Disclaimer
While the information presented above is as accurate as possible as of the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a bankruptcy attorney or legal association. For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules), and the Local Rules for the United States Bankruptcy Court for your State of residence.
