Part of the answer to this question is easy. There are filing fees that must be paid prior to receiving a discharge in Chapter 7 (and, of course, since a Chapter 13 takes at least three years, the filing fee would always be paid prior to the Chapter 13 discharge date). The payment is payable in installments, but must be paid no later than 120 days after filing (or, upon successful application, an additional 60 days may be granted). Generally, however, the fee is paid in full simultaneously with the filing of the petition. A Chapter 7 attorney will almost always insist that the filing fee be paid along with the attorney’s fee and that the case cannot be filed at all with any balance owed to the attorney (or else that amount gets discharged just like any other debt). A Chapter 13 attorney, however, can split the attorney’s fee between an up-front, pre-filing retainer amount and a remaining balance to be paid through the Chapter 13 plan itself, but the filing fee is, again, expected to be paid prior to filing.

The Chapter 7 filing fee is $306. The court breaks down the fee as $245 for filing, $46 for administration, and $15 for a trustee surcharge for the total of $306. The Chapter 13 fees are $235 for filing and $46 for administration for a total of $281. These fees are subject to period change, the last change becoming effective November 1, 2011. Incidentally, for those debtors forced into Chapter 11 (likely because the debts owed exceed the Chapter 13 limits of $336,900 for non-contingent, liquidated, unsecured debts and $1,010,650 for non-contingent, liquidated, secured debts), the filing fee is $1046.

There is an additional cost a debtor must forecast, as well: the educational certificates. Assume about $30 for a credit counseling class and about $20 for the subsequent, post-filing financial management class. These costs nearly double if the bankruptcy is a joint filing of spouses. The amounts listed presume enrollment in the online courses, as the telephonic courses are generally slightly more expensive. A list of the approved credit counseling classes and the approved debtor education/financial management courses can be found at the United States Department of Justice’s Trustee Program website.

Attorney’s fees will vary, firstly, based upon the type of bankruptcy filed (Chapter 7 or Chapter 13) and, secondly, on the intricacies specific to your individual case. Most cases filed are “no asset” Chapter 7 cases. A “no asset” case is one where the debtor keeps everything they own and simply does away with their debt. At King Law Center, our mission is to provide excellent legal work with exceptional personal service at as low a cost as possible. So, in a “no asset” case, our fee will generally be roughly half of what other firms may charge. This comes with absolutely no compromising of our professional obligations. Just because you are paying less than another attorney may charge does not mean in any way that you are getting less. Our commitment is to the consumer, not our own pocketbook. Ultimately, though, the details of your personal situation will determine what the attorney’s fees will be.

Shop around. And do not simply inquire about price. Insist on speaking with an attorney, not some paralegal whose job it is to sell you something. You have a legal matter; speaking with an attorney seems only logical. Additionally, since the attorney-client relationship is a personal one – even though bankruptcy is mostly about numbers and indisputable facts – find a lawyer that makes you feel comfortable, listen to, and cared about.