Court filing fees
The bankruptcy court filing fee for a Chapter 7 bankruptcy is $245 plus a $39 administrative fee and a $15 trustee surcharge. The fee for a Chapter 13 bankruptcy is $235 plus a $39 administrative fee. After assessing your particular legal requirements, a bankruptcy attorney in your area can provide you with an estimate of costs and legal fees.
An individual, as opposed to a corporation or partnership, may request court approval to pay the filing fee in installments. Up to four payments may be made, and there is no specific minimum installation payment requirement, but the final payment must be made no later than 120 days after filing the petition. For cause shown, the court may extend the time of any installment, provided the last installment is paid not later than 180 days after filing the petition. Failure to make timely payments or to complete payment of the fee is grounds for dismissal of the bankruptcy case. No part of the filing fee can be refunded in the event of dismissal.
If a debtor is filing for Chapter 7 bankruptcy, has an income level at or below 150 percent of the applicable poverty level, and has no means to pay the filing fee, the Court may grant a fee waiver. If a fee waiver is denied, then the debtor must pay the filing fee in installments as described above.
Attorney fees
Attorney fees vary from place to place and depend on the complexity of the bankruptcy case. Most Chapter 7 cases are fairly routine, but they can be complex and more expensive when they involve debtors who operate businesses or have high incomes, or when strategic pre-bankruptcy planning is necessary. For legal reasons, when you file under Chapter 7, all attorney fees must be paid before the case is filed. Many attorneys will accept installment payments for a Chapter 7 bankruptcy while the case is being prepared for filing.
Attorney fees for Chapter 13 bankruptcies typically exceed those for Chapter 7 bankruptcies, and there is greater variation in the complexity of Chapter 13 cases. While many are fairly routine, complex cases involving litigation can be very expensive. Chapter 13 attorney fees may be paid in monthly installments after the case is filed as part of the bankruptcy payment plan, but most attorneys will require that a portion of the fees be paid before filing. If a Chapter 13 debtor is paying the court filing fee and attorney fees in installments, the law requires that once the case is filed all installments of the filing fee must be paid in full before making any further payments to the attorney.
In all bankruptcy cases, payments or transfers to an attorney are subject to a prohibition against excessiveness. Attorney fees paid or agreed to be paid are disclosed in the bankruptcy documents, and a determination of excessiveness may be made by the court on its own initiative or on motion by any part in interest.
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