All Laws Decoded

How Much Does a Bankruptcy Lawyer Cost?

Bankruptcy lawyers' fees are reviewed by the court: every debtor's attorney must disclose what they were paid or promised, and the court can cancel or order the return of any amount above the reasonable value of the services. In Chapter 7, the U.S. Trustee Program says the Bankruptcy Code generally prohibits paying attorney's fees after filing that arise from a pre-filing agreement. In Chapter 13, many bankruptcy courts set a "no-look" or presumptively reasonable attorney fee that can be paid through the repayment plan, such as $4,500 in the Northern District of Indiana and $4,800 in the Middle District of Louisiana. Court filing fees are separate, and people who cannot afford a lawyer may qualify for free legal services.

What the law says

FAQ

Does the court approve what my bankruptcy lawyer charges?
Your lawyer must disclose what was paid or promised, and the court may cancel the agreement or order a refund to the extent the fee exceeds the reasonable value of the services.
What is a "no-look" fee?
It is an amount a bankruptcy court treats as presumptively reasonable for a Chapter 13 debtor's attorney, so the attorney does not have to file a detailed fee application. The Middle District of Louisiana, for example, says its no-look fee eliminates the need for fee applications, and counsel seeking more must apply under 11 U.S.C. §§ 329 and 330(a) and Rule 2016.
Can a lawyer charge less than the presumptive fee?
Yes. The Middle District of Florida says its presumptively reasonable fee does not mean an attorney cannot agree to represent debtors for a lower fee, and urges attorneys to do so in appropriate cases.
Can a lawyer ask for more than the no-look fee?
Yes, for extra work. The Northern District of Indiana allows counsel to apply for fees above the presumptive amount for extraordinary, unusual, or unanticipated services, with supporting documentation.
Can a bankruptcy petition preparer give me legal advice?
No. U.S. Courts says non-attorney petition preparers can only enter information into forms; they cannot give legal advice, explain legal questions, help you in court, or receive payment for court fees.
Are court filing fees included in the lawyer's fee?
Court filing fees are separate. In Mississippi's order, for example, the statutory filing fee is one of the expenses an attorney may seek reimbursement for in addition to the no-look fee, if the debtor agreed to reimburse it.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.