Q: What is the cost of filing for bankruptcy relief?
A: Debtors should anticipate various charges and fees. Debtors are required to complete a credit counseling analysis from an approved credit counseling agency. The fees average $50.00 per debtor for this service. Some agencies such as ConsumerBankruptcyCounseling offer much lower rates per course and/or reduced rates for married couples.**
Debtors must also complete a personal financial management course from an approved credit counseling agency. The cost of this course averages $50.00 per debtor. Some agencies such as 123Debtor offer lower rates and reduced rates for married couples. The fees may also be waived for individuals of limited means.
The Nevada Bankruptcy Court currently charges a filing fee totaling $306.00 for a Chapter 7 case and a filing fee totaling $281.00 for a Chapter 13 case.
**Disclaimer: Debtors should verify that a particular agency is approved by the United States Department of Justice and inquire about all applicable fees prior to contracting for its services.
Q: What are your Firm's attorney fees for a chapter 7 case?
A: The Firm's fees start at
$950.00 for a basic chapter 7 case, which includes attorney fees and the $306.00 court
filing fee. The Firm's chapter 7 fees are determined on a case by case basis and may vary depending upon the debtor's
income, amount of debt owed, type(s) of debt owed, total number of creditors, and assets.
A written Fee Estimate is provided at the conclusion of each prospective client's Consultation.
The following services are provided in a basic chapter 7 case:
Preliminary bankruptcy counseling.
Acquisition of the debtor's credit report.
Verification of the debtor's eligibility for chapter 7 relief
prior to filing the case.
Preparation and filing of the bankruptcy petition and schedules
with the Court.
Delivery of the documents required for §341 Meeting to the
Representation at the initial §341 Meeting of Creditors.
Representation which exceeds the
above-mentioned services such as lien avoidance actions or redemption actions
would first have to be contracted for by both parties in writing and would
subject the debtor(s) to additional fees.
Q: What other fees apply?
A: The following additional fees may apply to a chapter 7 case:
Credit Counseling Fee: At Client's expense (Clients are
encouraged to use my preferred provider, ConsumerBankruptcyCounseling, which charges $5.00.)
Debtor Education Fee: At Client's expense (Clients are
encouraged to use my preferred providers: Ypside, which charges $15.00, or 123Debtor, which charges $9.89 per person or $19.69 per couple.)
IRS Tax Dischargeability Analysis (if applicable): Starting at $300.00
Emergency/Expedited Case Filing Fee (if applicable): $300.00 to $500.00
charge in addition to court filing fee and attorney fees if filing is needed
within six (6) days of retention. Fee depends on the amount of urgency.
Q: Are the court filing fees waived in certain circumstances?
A: Yes. The Court will waive the court filing fees if the debtor qualifies. To qualify a debtor's household income must fall below the applicable poverty guidelines. See the 2012 Poverty Guidelines.
Q: Are the attorney fees in chapter 13 cases set by the court? Also, how are the attorney fees structured?
A: Please allow me to clarify the typical structure of chapter 13 fees since most attorneys fail to fully explain the fee structure.
The retainer agreement must clearly set forth the proposed fee structure. Read and understand your retainer agreement. Attorneys who fail to fully disclose the proposed fee structure should be reported to the State Bar of Nevada.
Nevada is a "no-look" jurisdiction, which means that the court recognizes a basic chapter 13 case will require sixteen (16) hours of legal services. Thus, the court in the interest of time and effort approves fees based on up to sixteen (16) hours of work. The total fees will depend on a particular attorney's hourly rate. The standard hourly rate in the Las Vegas area is $250.00 per hour. As such, most attorney fees for a chapter 13 case are $4,000.00, which represents 16 hours of work at the hourly rate of $250.00.
aware that some attorneys charge more than the standard hourly rate.
Also, attorneys routinely charge additional chapter 13 fees, which are
based upon legal services provided in excess of the basic sixteen (16)
hours. Additional fees, however, must first be approved by the court.
The attorney must file a fee application with the court for fees in
excess of the no-look fees. The attorney must demonstrate that the
debtor agreed to pay the attorney for additional work, that the
additional work was in fact performed, and that the fees were
ask your attorney prior to retaining how much he or she charges both as
an hourly rate and also if there is a cap or ceiling on the additional
fees he or she may charge. The chapter 13 plan must state how much the
attorney intends to bill for additional fees if additional work is
Most if not all local attorneys charge the no-look fee
and routinely file fee applications for approval of additional fees. To
make the chapter 13 fees more affordable for financially distressed
clients, most attorneys only charge upfront fees to file the
chapter 13 case. Upfront fees are intended to partially cover the cost
of the initial chapter 13 filing. The remaining balance of the no-look
fee is incorporated into the debtor’s chapter 13 plan. The trustee pays
the unpaid attorney fees from the debtor’s plan payments.
attorney fees may result in a higher chapter 13 plan payment. Debtors
should carefully review the chapter 13 plan for hidden fees and demand
an explanation of the plan if necessary.
This Firm's Chapter 13 fees are
$4,281.00, which includes the $281.00 Chapter 13 Filing Fee. The
Firm's Chapter 13 Fee of $4,281.00 is not due at the beginning of the
case. Clients only pay Pre-Filing Fees to this
Firm to file their chapter 13 case, and then they make their regular
monthly chapter 13 plan payments to their bankruptcy trustee.
Firm's Pre-Filing Fees start at $1,281.00, which consists of a minimum
of $1,000.00 for attorney fees and $281.00 for the chapter 13 court
filing fee. The remaining balance of this Firm's attorney fees
($3,000.00 or less) would be paid through the chapter 13 plan by the
bankruptcy trustee assigned to the Client's case (from the chapter 13 plan
payments that Client pays directly to the bankruptcy trustee).