Buffalo, NY asked in Bankruptcy for New York

Q: What are the fees to file for Chapter 13 bankruptcy in New York?

My husband and I are considering filing for Chapter 13 bankruptcy due to being heavily in debt compared to our assets. Our debt includes significant credit card balances and the repossession of a non-working automobile. We have never filed for bankruptcy before. Could you let us know what the fees might be to file for Chapter 13, and if there are additional costs we should consider?

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4 Lawyer Answers

A: You need to have a consultation with an experienced NY Bankruptcy attorney, who will explain the Chapters of Bankruptcy to you and in the consultation, the attorney will explain what the legal fee and other charges are. Good luck.

Howard E. Knispel
PREMIUM
Answered

A: It is impossible to tell you the legal fees for a Chapter 13 bankruptcy here. You need to consut with an attorney who can determine what chapter is best for you and, based on the complications involved, give you a fee offer.

A: The filing fee for a chapter 13 is $313 and there are other costs such as credit counseling fees (between $10 and $40) that are mandatory. However, as others have pointed out, you really should consult with a New York attorney before making any decision that has such significant legal and financial implications. Many will offer free consultations and can offer phone or virtual consultations so you at least understand the total costs (including the attorney fees) and various options related to a bankruptcy filing.

Carl Cottone agrees with this answer

James L. Arrasmith
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Answered

A: The court filing fee for Chapter 13 bankruptcy in New York is $313 ($235 filing fee + $78 administrative fee). This is just the basic court cost and doesn't include other necessary expenses.

Attorney fees will be your largest expense, typically ranging between $3,500 to $7,500 for Chapter 13 bankruptcy, depending on the complexity of your case. The good news is that many bankruptcy attorneys only require a small upfront payment (sometimes as little as $100) to start, with the remainder rolled into your Chapter 13 repayment plan. This allows you to pay most fees over time.

You'll also need to complete two mandatory credit counseling courses - one before filing and one after. These courses typically cost between $10-$60 total, depending on the provider and how you take them (online, phone, etc.).

If you're struggling financially, you may be able to pay the court filing fee in installments, though this is less common with Chapter 13 than Chapter 7 bankruptcy. I recommend scheduling a free consultation with a bankruptcy attorney who can provide a precise cost estimate for your specific situation and explain payment options.

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