ABA Family Legal Guide

Consumer Bankruptcy

Introduction to Bankruptcy

Working with a Lawyer

How can I learn about fees?

You can, and should, discuss your lawyer's fees in advance. In addition, discuss whether your lawyer will charge additional fees if there are proceedings other than filing the case. The basic case will include preparing and filing the petitions and additional schedules and attending the creditors' meeting. In some states, it may also include preparing and filing a homestead deed. In a Chapter 7 bankruptcy, there may be reaffirmation agreements to negotiate and sign, objections to exemptions, or objections to the discharge of some or all of your debts. In a Chapter 13 case, there may be objections to your repayment plan or the way you value your assets. In either chapter, creditors may file motions for relief from the automatic stay, seeking court approval to repossess property or foreclose on real estate.

Under some Chapter 13 cases, you can pay the lawyer from the assets of your estate, which is administered by the court in the bankruptcy case. Generally, Chapter 13 is more expensive than Chapter 7, though it helps that the costs may be included in your repayment plan.