David M. Siegel answers in 44 seconds. Watch on YouTube · Read the transcript.
Short answer: The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. Attorney fees vary by the complexity of the case, and there is always a payment plan. In a Chapter 13, most or all of the attorney fee is rolled into the consolidation and paid through the plan rather than to us directly.
The court costs are fixed
These are set by the federal courts, not by any law firm, and they are the same at every office in the country. Chapter 7 is $338. Chapter 13 is $313.
In a Chapter 7 the filing fee has to be paid to the court before the case can be filed. The court does allow applications to pay in installments, and in limited circumstances a fee waiver.
Attorney fees, and why the two chapters are not comparable
Attorney fees vary with the work a case actually requires. What matters more is the structure, and it differs completely between the chapters.
In a Chapter 7 we set up a payment plan that makes the fee manageable before the case is filed. In a Chapter 13 the majority or all of the attorney fee goes into the consolidation and is paid out over the three-to-five-year plan — meaning you are generally not paying us directly at all.
That last point catches people off guard. Comparing a Chapter 7 quote against a Chapter 13 quote as though they are the same kind of number will give you the wrong impression of both.
What you should be comparing it against
The relevant comparison is not the fee in isolation. It is the fee against what the debt is costing you now — the minimum payments that never reduce a balance, the interest, and in many cases fifteen percent of gross pay going to a garnishment.
For a household being garnished, the filing frequently pays for itself within a couple of months.
Nothing about the consultation costs anything
The consultation is free, and it is where the pricing question actually gets answered, because the number depends on which chapter you qualify for and what your case involves.
You will leave knowing the filing fee, the attorney fee, the payment plan and the timeline — before committing to anything.
Want to know what your case would cost?
The consultation is free and there is no obligation. You will find out
what you qualify for, which debts can be eliminated, what it costs, and what the payment plan looks like.
Wheeling: (847) 520-8100
South Chicago: (773) 276-6969
Also serving Joliet, Westchester, and Cook, Lake, Will and DuPage counties.
Full transcript of the video
how much does it cost to file for bankruptcy well it depends on the chapter and it depends on the type of case for example Chapter 7 there’s a court cost of $338 that has to be paid to the court before a case can be filed attorneys fees vary but there’s always a payment plan with us to make sure that it’s affordable for you Chapter 13 there’s a filing fee of $313 and then the majority or all of the attorneys fees are put into the consolidation and paid off over the three to five year period so you actually don’t pay the attorney directly at least not with us in a Chapter 13 case it’s all mixed into the consolidation the two chapters are completely different speak with an attorney to find out which chapter you qualify for and as to how it all works
Related questions
- Do I qualify for Chapter 7?
- Chapter 7 vs Chapter 13: what is the difference?
- Do I need an attorney to file?
About the author. David M. Siegel has represented consumer bankruptcy clients in the Northern District of Illinois since 1991 and is the author of several books on consumer bankruptcy. His offices are in Wheeling, South Chicago, Joliet and Westchester.
This article is general information about Illinois and federal bankruptcy law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts — speak with an attorney about yours.
