One of the most common questions
about bankruptcy is: How do I pay for my
lawyer?
Chapter 7 bankruptcy allows a person to eliminate most types of debts completely, while allowing a person to keep all assets that are exempt from creditors. The court filing fee and attorney’s fee for Chapter 7 bankruptcy must be paid in advance. If a person wants Chapter 7 bankruptcy and is not in a big hurry to file, in many cases it makes sense for them to stop making payments on their debts and use the savings to make monthly payments toward the attorney’s fee. I can accept monthly payments and file the case when all of the fees are paid. Sometimes a family member gives my clients a gift or a loan of the funds. Sometimes my clients have enough in savings to cover the fee or they are able to borrow the funds from their 401k plan.
Chapter 7 bankruptcy allows a person to eliminate most types of debts completely, while allowing a person to keep all assets that are exempt from creditors. The court filing fee and attorney’s fee for Chapter 7 bankruptcy must be paid in advance. If a person wants Chapter 7 bankruptcy and is not in a big hurry to file, in many cases it makes sense for them to stop making payments on their debts and use the savings to make monthly payments toward the attorney’s fee. I can accept monthly payments and file the case when all of the fees are paid. Sometimes a family member gives my clients a gift or a loan of the funds. Sometimes my clients have enough in savings to cover the fee or they are able to borrow the funds from their 401k plan.
Sometimes, the funds cannot be borrowed from a family member, the person’s wages may be subject to garnishment or their money in the bank has been seized by creditors. Should they need to file bankruptcy right away, they might consider a Chapter 13 case. Chapter 13 allows a person to consolidate their debt and pay a fraction of the debt in monthly payments over three to five years. The debt is not normally required to be paid in full, but only whatever is affordable in the person’s budget. For Chapter 13, I need the court filing fee paid in advance, but most or all of the attorney’s fee can be consolidated with the other debts and does not have to be paid in advance. Chapter 13 can be a good way to get immediate protection from the bankruptcy court, even if you don’t have the funds for attorney’s fees up front.
