Debt reorganization involving repayment of at least a portion of your debts. This type of bankruptcy is for people who don’t qualify for relief under Chapter 7 either because they have too many assets or too much income. Some other people file Chapter 13 because they need to get their driver’s license back (if they have not been convicted as a habitual offender) or because they need to stop a foreclosure on their home. Still other people file Chapter 13 because they have particular debts that must be repaid, such as most taxes, or because they just feel strongly that they want to make an attempt to repay their debts while under the protection of the bankruptcy court, and they have the ability to do so. Under Chapter 13, unlike Chapter 7, a debt repayment plan is set up through the bankruptcy court. The repayment plan may last from 36 months at a minimum to 60 months at a maximum. In basic terms, this involves figuring out how much money you can afford to pay to your creditors and then actually paying that amount to the Chapter 13 Trustee’s office for the life of your plan. The actual amount of your plan payment and the length of your re-payment plan will be calculated by our office after discussions with you. The attorney fees for the simplest Chapter 13 case are $3,500.00, plus $335.00 to cover the court filing fee. The total cost to you, therefore, is $3,835.00. A minimum non-refundable payment of $500.00 is required in order for us to start work on your case. The balance owing for your remaining attorney fees will be included in your monthly plan payment to the Chapter 13 Trustee. If you are currently operating a business, or if the debts you have were incurred while you operated a business, the attorney fees for your case typically will range from $3,500.00 to $5,000.00, depending on the complexity of your case and other factors. And if you are filing a Chapter 13 bankruptcy case because there is a foreclosure sale on your residence or other real estate set within the next 30 days, you will need to pay emergency processing attorney fees of $1,500.00 plus the $335.00 in costs (a total of $1,825.00) at the time you retain our office. PLEASE NOTE: OUR FEES DO NOT INCLUDE CHARGES FOR CREDIT REPORTS OR PRE-BANKRUPTCY DEBT COUNSELING CERTIFICATES OR CHARGES FOR ANY OTHER DOCUMENTS YOU MAY BE REQUIRED TO OBTAIN BY THE U.S. BANKRUPTCY COURT OR THE BANKRUPTCY TRUSTEE ASSIGNED TO YOUR CASE. ALL CASES: If you have decided to proceed with the filing of a bankruptcy petition through this office, please indicate below which type of case you would like to file (the attorney will review this if you are unsure) and then sign this fee agreement in the space provided. You will also need to submit a completed bankruptcy questionnaire with all necessary supporting documents and pay the necessary fee retainer. By signing this fee agreement, you acknowledge and agree that all amounts paid for attorney fees to this office are deemed to be earned at the time payment is made and are non-refundable. This means that if you change your mind for any reason after you have made a payment to this office, there will be no refund for any amounts paid for attorney fees. Amounts you have paid for costs such as filing fees or credit reports may be refundable if the costs have not already been incurred at the time the request for a refund is made. We provide the following services under the fee agreements described above: - Review and analysis of your current financial situation
- Determination as to whether client qualifies for relief under Chapter 7 and/or Chapter 13 of the Bankruptcy Code;
- Description of relief available under Chapter 7 or Chapter 13 and description of how the bankruptcy process works;
- Copies of notices required to be provided by the Bankruptcy Code;
- We provide a questionnaire to be completed, with instructions, and a list of documents to be provided to this office and the Bankruptcy Court and/or Trustee;
- Preparation of bankruptcy petition and schedules of assets and liabilities, income and expenses, and statement of affairs and schedule of exempt property;
- Computation of your average monthly income based on income for the past 6 months
- Preparation of Chapter 13 plan, if applicable, and amendments thereto if necessary
- Representation at Meeting of Creditors (Trustee’s Meeting)
- Negotiation with creditors and execution of reaffirmation agreements, if applicable
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