My husband are trying to file bankruptcy, but can't even afford what the lawyer is asking for. Help

Bankruptcy and Debt 1 views 1 answers
My husband and I are trying to file for chapter 7 but according to the lawyer we talked to it would cost $1800 and that we have to pay $600 first for them to start the paperwork and once we pay the rest we'll be able to start. We're living from payday to payday. We can't even save some money let alone pay $600 up front. Now we need to get another car so my husband can go to work (30-40min drive) and I can drive my son to school and later next year to drive both to and from school (youngest will have a half day school). I just thought it was odd for him to ask for alot of money especially when we're trying to file bankruptcy. Then I read on this website that it cost under $300 dollars! Is that right? Should we find another lawyer? and how do we know that he's any good? Help me please. Thank you for taking the time to read this.

Attorney Answer

1
Edward P SagerBankruptcy AttorneyKirkland, WA ·
I am unsure of what the normal rates for Chapter 7 bankruptcy are in KS, but that is a little high for the Seattle area. I am certain the attorney is attempting to protect his investment of time in your case by requiring the money up front. After all, if someone is in bankruptcy, can they be trusted to pay the attorney all his/her fees? It may seem odd that attorneys would charge more than $1000 for something when the person asking for the help is in financial distress, but if attorneys charged a lot less for their services, they may not be able to sustain their law practice, which would result in a lack of available attorneys, and therefore, a lack of adequate representation would result, causing a lack of access to justice. If you do not like the price of this attorney, call another. You can find consumer bankruptcy attorneys at www.nacba.org. Also, ask the attorney with whom you speak if he is insured, what his/her policies are with responding to client communications and if a Chapter 13 might be possible for you. Some attorneys help clients to file a Chapter 13 and then a portion of the attorneys fees can be paid in the Chapter 13 plan. Be aware that most attorneys want to trust their clients, but they must also put faith in the client the same way the client must put faith in the attorney. As far as bankruptcy costing $300, well, I have never heard an attorney charge that amount, unless the law firm is a "bankruptcy mill," and just having assistants contact clients and complete paperwork, with the attorney showing up only at the Meeting of the Creditors. The FILING FEE for Chapter 7 is $299, so I wonder if you might be confusing the filing fee with attorneys’ fees. Please also see this: http://www.ksb.uscourts.gov/index.php?option=com_content&view=category&id=38:filing-without-an-attorney&Itemid=13&layout=default Good luck.
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