Atty charges 1800 for filing ok?

[LyMing]

I have a friend that went to an atty here in Rhode Island and was charged that amount for everything. All my friend had to do was give her information and debt info. Is this atty overcharging?

[FilingOnMyOwn]

1800 would be a good deal for a chapter 13. But not for chapter 7, 1,800 would be a ripoff. You shouldn't pay an attorney more than a grand for chapter 7, plus court costs.

[SinkingFast]

Depends on the case and how intricate.

If other attnys in your area are charging $700-$1K + filing fee for a basic, straightforward, no asset 7, then it's a bit high. If your friend has issues to deal with in a Ch 7, that could be fair.

If the typical fee for a Ch 13 is $2500-$3K + filing fee, then that's a deal.

Just depends on what the attny has to do to file the BK and what Ch your friend filed.

[NASCAR20FAN]

1800 would be a good deal for a chapter 13. But not for chapter 7, 1,800 would be a ripoff. You shouldn't pay an attorney more than a grand for chapter 7, plus court costs.

I paid $1,000.00 flat

[LyMing]

How would I know which one I qualify for? I'm going to gave to read about chapter 13 and 7 to understand a little more. I'm still very new to all of this.

[SinkingFast]

Here's a link for you for the Means Test, Median Income figures, and Schedules Allowables:

http://www.usdoj.gov/ust/

[lrprn]

1800 would be a good deal for a chapter 13. But not for chapter 7, 1,800 would be a ripoff. You shouldn't pay an attorney more than a grand for chapter 7, plus court costs.

This may have been true under the old bk law, FOMO, but under the new law the average costs for both Ch 7 and 13 are higher due to the additional forms and other filing requirements the new law imposes. According to http://blog.totalbankruptcy.com/arch...expensive.html , filing without a lawyer now costs an average of $399. Since most lawyers charge at least $150/hour and there is at least several hours of work involved going over forms, etc, I'd be suspicious of any lawyer who says they can file Ch 7 or 13 for less than a $1000 now under the new law.

[lrprn]

And here are a few links that do a good job explaining about both Chapter 7 and Chapter 13 bankruptcy:

http://bankruptcy-law.freeadvice.com/consumer_bankruptcy/

http://www.bankruptcyinformation.com/index.html

http://moranlaw.net/bankruptcybasics.htm

All of us started out not understanding much about bankruptcy. Finding this forum adds one more great place to learn what you need to know to make sound decisions for yourself and your family. Post questions any time - we'll do our best to help.

[FilingOnMyOwn]

This may have been true under the old bk law, FOMO, but under the new law the average costs for both Ch 7 and 13 are higher due to the additional forms and other filing requirements the new law imposes. According to http://blog.totalbankruptcy.com/arch...expensive.html , filing without a lawyer now costs an average of $399. Since most lawyers charge at least $150/hour and there is at least several hours of work involved going over forms, etc, I'd be suspicious of any lawyer who says they can file Ch 7 or 13 for less than a $1000 now under the new law.

All the more reason to file pro se. I can't imagine paying someone $1,000+ for something I can do myself even better.

[SinkingFast]

All the more reason to file pro se. I can't imagine paying someone $1,000+ for something I can do myself even better.

If you have a straightforward, no asset, Ch 7, I agree, FOMO. It's like doing your taxes. If you can read and comprehend, you can fill out the forms. File Pro Se and save yourself a chunk of change.

In our case, I certainly don't wanna go toe to toe with the Trustee in our Court here waving Out of State Exemptions with non traditional dependents. Even tho we're a "No Asset" case, we're not a basic, straightforward, Ch 7.

We definitely wanted a well respected, brilliant legal mind standing beside us when we have to face the Judge and the Trustee at the 341.

[lrprn]

All the more reason to file pro se. I can't imagine paying someone $1,000+ for something I can do myself even better.

As long as the case is a straightforward, no-asset Ch 7, then what you are suggesting can be done and done well by a knowledgeable consumer who takes the time to thoroughly educate themselves about bk as you did, FOMO. However, if there are out-of-the-ordinary circumstances involved, if the debtor has to file Ch 13, or just isn't willing or able to take the time to educate themselves, then retaining a lawyer to uncover the unique aspects of your circumstances, complete the paperwork accurately, and file your case is definitely worth the extra dollars.

Currently there's a great deal of variability between trustees and districts while everyone tries to figure out how to interpret the very badly written new bk law. That means there's a lot of risk to the debtor if their case is filed inaccurately just because they weren't aware of the newest case law decisions. Is it worth the risk hoping that everything on the new forms is right but not finding out if they are right until after the fact? Personally I'd rather pay the money upfront to a lawyer I've interviewed and trust than find out I sold myself down the bk river just to save a few hundred dollars. Others may make a different choice - that's certainly their privilege and I wish them the very best of luck filing on their own. Hopefully they will at least interview a few lawyers during free consultations to get the best legal insights they can.

[razorguns]

i paid $1300 in expensive-ass la

i was surprised how many in the room tried to do it themselves. unsurprisingl, the trustree was grilling them on all the mistakes they made.

r

[Minnymouth]

Yes, many will try to file pro se, end up in front of a Trustee trying to "explain what they DON'T KNOW", and end up with thier case dismissed, unable to file again for a while, and right back to square one - just trying to save a few dollars.....

If you file pro se - learn the process, learn the legal terms, learn what you have to supply and do, and learn what your up against if situtations arise.... Can you explain to the Trustee everything he wants to know? If not, your not a candidate for filing pro se...........

[monlyba]

i met with an attorney here (Charlotte, NC) a few weeks ago and it was about $1400 for his fee. that DID NOT include the court costs and fees for the before & after counseling. my situation is simple though, so i've been doing some reading and going to go pro se. but i certainly would have to just come up with the money somehow if i had more details to my case.

[spongenotbob]

The lawyer I used is now charging about $2,500 total (including court costs) for a new law Ch 7. And I'd guess it's worth every penny - if you can afford it. Thus, the irony...you CAN be "too poor to go bankrupt" now. Say thank you to your local legislator.