North Carolina  |  Bankruptcy

Legal Question

Asked on: 11/13/12, 12:04 pm

How much does it cost to file bankruptcy? If you file bankruptcy due to excess credit card debt, do you have to pay any portion of that debt? I am legally separated and do not receive any alimony or child support for my two minor children.

1 Answer

Answered on: 11/19/12, 7:06 am by Craig Lane

In Charlotte and the surrounding areas, the attorney fee of a chapter 7 bankruptcy (sometimes called "straight bankruptcy") varies from lawyer to lawyer, but is generally in the range of $1200 to $1500.

Chapter 13 bankruptcy creates a long term payment plan to catch up debts like mortgages and car loans, and to pay off unsecured debts like credit cards, usually at a sizable discount. The Court sets the attorney fee at $3250. Many attorneys, myself included, put the majority of that fee into the long term plan, with a smaller amount due "up front".

Lastly, the Court itself charges a filing fee of either $306 or $281, depending on the type of bankruptcy.

With respect to your question about credit card debt, in the majority of chapter 7 cases the client does not have to pay any portion of the debt. The bankruptcy filing gets rid of the debt.

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Craig Lane Law 1824 East 7th Street Charlotte, NC 28204

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