Bankruptcy Services and Fees

Service Map Area Our office can accept a Bankruptcy case if the individual debtor lives in one of the following locations, or if a business has a principal office, or the major assets of the debtor are located in: New York City, Nassau or Suffolk County on Long Island, Westchester, or Rockland County.

Types of Cases We accept Chapter 7 (Liquidation), Chapter 11 (Reorganization, usually business), and Chapter 13 (Wager Earner Plan) cases.

Range of Services Our office advises on the type of bankruptcy (which Chapter) best fits the debtor's situation. We discuss whether the spouse should also file. Our advise covers what will happen to the debtor's property, what can be kept, what has to be given up. We also can be involved in asset planning before a bankruptcy petition is filed to obtain the best result for the debtor.

Typical questions we answer may be: Can I keep a credit card? How will my credit be affected by filing? Can I keep what I earn after I file? Will the creditors stop calling? Can I discharge (erase) the amount I owe for child support? (The answer to that one is No.)

Typical Fees The legal fee in each case depends on the amount of work (time) spent on a case. The Bankruptcy law as amended in 2005 is more complicated than before, the attorney requires more time to advise the client and to prepare the papers. The details of each case must be reviewed before fee can be set. the fee might be slightly lower in a case with fewer creditors, where the debtor has complete and accurate copies of bills, and knows what property and assets he/she has. The services in atypical Chapter 7 case includes initial advice, the income Means Test, preparing the bankruptcy petition and the required schedules, filing and submitting the petition to the court, attending the first meeting of the creditors with the debtor.

A more complicated case requires more work (time) and the fee might be higher. This may be where the debtor needs help in identifying the amounts owed or the assets owned; where there are a larger number of creditors, or the property owned requires more careful documentation or planning to obtain the best result.

A Chapter 13 Wage Earner Plan case requires developing a plan for paying the creditors, suggesting which debts can be reduced and other questions. A Chapter 13 case requires more work and time than a Chapter 7 case and the fee is usually higher.

Chapter 11 Reorganization cases usually involve a business. A reorganization plan must be developed and several appearances in court may be needed until the plan is accepted. These cases vary considerably in complexity. The legal fee is set for each individual case.

Consultation A telephone consultation is available for those in the our Service Map Area discussed above. This can be arranged most conveniently by e-mail. We can also provide an in-person meeting upon request. There may be a consultation fee for an in-person consultation.

Court Filing Fee The Bankruptcy court charges a fee to accept and process the petition. The usual fee is $275. This filing fee is in addition to the legal fees discussed above.

Other Services Our office also takes care of other legal matters including domestic relations (including divorce), immigration, real estate, corporations, criminal, and others.

Send e-mail, we can answer a general question if time permits (tell us where you live). We can arrange for a consultation if you are located in our Service Map Area. rmadison@lawcom.com

Law Office of Richard Madison
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Last edit 05 Dec 2005