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What Will Affect The Cost Of My Bankruptcy?

Western New York Bankruptcy and Debt Relief Lawyer

Explore Your Bankruptcy Options. Call 585-563-4535 to Learn More.

I am attorney Peter R. Scribner of Rochester, New York. When I talk to clients about bankruptcy options, questions about cost are generally near the top of their list of concerns. Just as there are multiple factors that affect the cost of a divorce or a criminal defense case, the final cost of your bankruptcy case will be affected by the complexity of your case. Any discussion of cost must be painted in broad brush strokes. Contact me to learn more.

Even simple cases are not so simple

The Bankruptcy Code was changed significantly in 2005, and the amount of work involved in preparing even the simplest cases is nearly twice as much today as it was before the change. And in Rochester the Bankruptcy Court, the trustees, the Department of Justice and other parties in the bankruptcy system are very thorough and expect even simple bankruptcy cases to be prepared carefully and accurately.

Attorneys who do not take the time to get from you all the information required for a case, and who do not draft your bankruptcy paperwork carefully, put you at risk that your bankruptcy case be dismissed – or worse! Bankruptcy documents are complicated, and you sign these documents under penalty of perjury. The bankruptcy system will be very unhappy, to say the least, if you sign incomplete or inaccurate documents or if you do not provide all the information you are required to provide.

When it comes to bankruptcy options, there are a few generalities about costs:

  • Even for the simplest of cases, expect the attorney fees and court costs to be a minimum of $1,200.
  • The more creditors you owe money to, the longer the preparation process may become. The name and address of all creditors must be accurately listed on your paperwork, even if you have not had any contact with the creditor for years. If you do not accurately list a creditor, their debt may survive the bankruptcy.
  • Each secured debt, such as mortgages, home equity loans, car loans, boat loans, furniture loans, judgment creditors, tax liens etc., must be analyzed carefully before a bankruptcy case is filed. The more secured creditors you have, the longer it will take to prepare your case.
  • Stopping foreclosure on your house in Chapter 13 is complex, and must be done carefully in order to be successful. This will affect the length and cost of your bankruptcy.
  • Assets held jointly with outside parties (parents, ex-spouses, etc.) is another complication that will affect the length of time it takes to clear up financial issues.

Your bankruptcy options and the cost of filing bankruptcy

Contact me to discuss the specifics of your bankruptcy case. I won't make empty promises about the length of time or the final cost of resolving your case. I will give you an honest, clear evaluation of your circumstances and what I expect, based on my experience.