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Today's Legal Topic:

Types of Bankruptcy and Attorney Fees

For most people, there are two types of bankruptcy:

1) Chapter 7, also known as a straight bankruptcy. This is designed to give a fresh start to a person who is hopelessly buried under debt. The debtor turns over all non-exempt assets to the bankruptcy trustee. The assets are then sold, and the creditors are paid. Within four months, all debts are discharged, and the debtor is free to start over. This is the fastest and easiest form of bankruptcy.

2) Chapter 13, also known as a reorganization bankruptcy. This is designed to let debtors pay off their obligations over a period of three to five years and is for those individuals who have non-exempt property they want to keep. Exempt assets vary from state to state. People choosing Chapter 13 also have to have sufficient, reliable income to ensure that the debt payments are made.

You will need an attorney to file bankruptcy papers with the court to ensure that all of the paperwork is filed correctly and in a timely manner. In most states, the actual filing fee is around $300, but most bankruptcy attorneys' fees are between $750 and $2,000. This includes meeting and consulting with you, the filing and appearing in court on your behalf. It may seem like a lot of money for a quick process (particularly Chapter 7), but it is worth it to gain a fresh start.

Reference Law eBooks

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