Bankruptcy can feel like an overwhelming journey, but understanding the cost to file and the estimated bankruptcy attorney fees in Virginia is the first step.
by:
Dave Te
,
May 24, 2024
Reviewed By:
,
May 24, 2024
Information in this article does not constitute legal advice, it is for informational purposes only, and may not constitute the most up-to-date information. Readers should contact their attorney for advice on any particular legal matter.
The cost of filing for bankruptcy in Virginia can be a bit tricky to pin down. According to the U.S. Bankruptcy Court in Virginia, in 2024, the filing fee for a Chapter 7 bankruptcy is $338, while a Chapter 13 bankruptcy will set you back $313. But here's the thing, it gets more complicated when you bring in a bankruptcy attorney or try to get the filing fees waived.
Lucky for you, we've done some digging and can give you a rough estimate of attorney fees in Virginia. We spent about $1,000 on PACER, a public records database that has information on bankruptcy attorney fees. As of 2024, we found that the cost of hiring a Chapter 7 attorney in Virginia ranges from $800 to $1500. Keep in mind, though, that this is just an estimate. If you want a more personalized estimate based on your specific location in Virginia, we've got a free bankruptcy cost calculator that can help you out.
Now, I don't know about you, but I'm always wondering how I'm going to afford things, especially when money is tight. So, you might be wondering how you can afford the cost of bankruptcy in Virginia, especially with interest rates and inflation still causing a ruckus in 2024. Well, here's the thing. Many of the costs associated with bankruptcy, like the filing fee and the credit counseling courses, are pretty similar across the board. However, the cost of hiring a bankruptcy attorney can vary quite a bit depending on whether you're in Virginia Beach or Norfolk, for example.
So, let's break it down. This article is all about giving you an idea of the total costs involved in filing for bankruptcy. We'll cover two main areas:
Bankruptcy Attorney Fees
Bankruptcy Filing Costs
Estimate the All-In Bankruptcy Cost in Your Zip Code
We've been getting multiple questions about bankruptcy costs in Virginia, so we decided to take matters into our own hands. We've built a database of attorney fees just for this purpose!
To find out how much bankruptcy might cost you in your city in Virginia, all you need to do is enter your zip code below. Our trusty tool will do the rest and give you an estimate.
So instead of spending hours researching costs that are generalized, we built this calculator to help you break it down and provide you with estimates based on your own personalized situation!
Table of Contents
1. Actual Lawyer Costs By District In Virginia
Even though we've included a range of bankruptcy attorneys' fees above, the precise cost will fluctuate based on a few distinct factors. The final price is determined by several variables, such as the bankruptcy lawyer's experience, location, level of attorney relationship, and complexity of the case. But since location is crucial, let's look at the Virginia bankruptcy district map and the actual costs derived from Pacer filing data.
See the map below to determine which district you reside in, then scroll down to see actual legal fees.
Virginia Eastern District
The Eastern District of Virginia spans major areas, including cities such as Norfolk, Richmond, and Alexandria, covering a diverse region. Operating within the Eastern time zone, this district comprises 43 counties and is served by 11 judges across various courthouses.
If you reside near these significant cities within Virginia's Eastern District, the expected bankruptcy filing fee is typically around $1,500.00. It's crucial to acknowledge that this is a general estimate, and the actual costs may vary based on your financial situation, the legal professional you engage, and various other factors.
That said, here are some actual lawyer charges in the Virginia Eastern District
Virginia Western District
The Western District of Virginia is a vast territory that includes important cities including Bristol, Charlottesville, and Roanoke. This district, which is in the Eastern time zone, has 52 counties and 9 judges who work out of different courthouses.
If you live in the Virginia Western District, in close proximity to these major cities, you should expect to pay between $1,323.00 and $1,495.00 for your bankruptcy filing fee. It's important to recognize that this is only an estimate, and the real expenses might change depending on your financial circumstances, the attorney you work with, and a number of other variables.
That said, here are some actual lawyer charges in the Virginia Western District:
2. Chapter 13 Bankruptcy Attorney Fees Virginia
Chapter 13 bankruptcy attorneys fees in Virginia can range from $4750 to $5609. The actual fee depends on the district you're in. Now, when it comes to Chapter 7 attorney fees, they can vary quite a bit. However, for Chapter 13, the fees tend to be relatively similar. This is because of something called "no-look fees," which are considered a reasonable cost for the service provided. But here's the thing: even though the fees may be similar, it's still worth checking if the attorney charges an hourly rate for any extra work that may come up after you've filed for Chapter 13. You don't want any surprises down the road, do you? So, it's always good to be informed and ask questions.
3. Bankruptcy Filing Costs
Filing for bankruptcy can be a daunting process, but it's important to know that the costs are pretty similar no matter where you are in the United States. And that includes Virginia, too. But hold on tight, because there are a few other costs you need to keep in mind before taking the plunge. Let's dive in and explore what they are!
Bankruptcy Filing Fees
First things first, the US Courthouse has this thing called a fee schedule. It's basically a list of all the fees you gotta pay when you file for bankruptcy. So let’s break it down.
If you're going for Chapter 7bankruptcy, you'll be looking at a filing fee of $338. Now, that might sound like a lot, but it's actually made up of a few different fees. You got your $245 filing fee, a $78 administrative fee, and a $15 trustee surcharge. See, it's not so bad when you break it down, right?
Now, if you're going for Chapter 13 bankruptcy, the filing fee is a bit lower. You're looking at $313, which includes a $235 filing fee and a $78 administrative fee. Still not chump change, but hey, every little bit helps, right?
Now, here's the thing. I get it, money can be tight when you're going through bankruptcy. But don't worry, there might be some options for you. You might be able to pay the filing fee in installments, so you don't have to fork over all that cash at once. And if you're really struggling, you might even be able to get the fee waived altogether. It's worth looking into, right?
Virginia Filing Fee Waiver Guidelines
If you're considering filing for Chapter 7 bankruptcy in Virginia, I've got some good news for you. There's a chance you may be able to have your filing fees waived if you fall below 150% of the Virginia poverty guidelines. Let me break it down for you.
For instance, let's take a look at the poverty guidelines for cases filed within Virginia in 2022. The table below shows the number of people in your household and the corresponding income limit at 150% of the poverty guideline:
- 1 person: $13,590
- 2 people: $18,310
- 3 people: $23,030
- 4 people: $27,750
- 5 people: $32,470
- 6 people: $37,190
- 7 people: $41,910
- 8 people: $46,630
- 9 people: $51,350
And here's an interesting tidbit: if you have more than 9 individuals in your household, you can add $4,720 for each extra person.
So, if your income falls below these limits, you might be eligible to have your Chapter 7 bankruptcy filing fees waived. It's definitely worth exploring if you're in a tough financial situation.
Remember, these guidelines are subject to change, so it's always a good idea to double-check the latest information. But hey, this could be a helpful opportunity for you to get a fresh start without the burden of filing fees.
Mandatory Course Costs
When you're in a tough financial spot and decide to file for bankruptcy, there are a couple of courses you need to take in Virginia. Don't worry, though! You can usually complete these courses online, which makes things a lot more convenient. Now, let's talk about the cost. On average, each course will set you back around $10 to $50. It's important to note that these courses have to be approved, so you can find a list of approved Virginia credit counseling courses. And if you're wondering about the debtor education courses, you can find a list of approved providers in Virginia. Oh, and they might have the cost associated with each course listed as well. So, you're all set!
Miscellaneous Costs
You know, going to a meeting of creditors at the courthouse can be a bit of a hassle. One thing you might have to consider is the cost of transportation. Yeah, you might have to shell out some cash to get there. And hey, while we're at it, there's another expense you might have to cover - a credit report for your attorney. Although, don't worry too much because they might be able to lend a hand in getting that report.
Now, let's talk numbers. How much do you reckon it'll cost you to get to one of those bankruptcy courts? Well, we’ve made it easier for you to figure that out by hovering over to your district using this interactive map and looking up your nearest bankruptcy court.
However, it's important to note that access to certain areas of the courthouses may be restricted for security reasons. Make sure to check the visiting hours and any specific guidelines before planning your visit. Also, be mindful of any ongoing trials or proceedings that may limit public access on certain days.
Will Inflation Affect the Cost To File Bankruptcy in Virginia?
So, there's been talk about inflation calming down in 2024, and it got me thinking: could this mean that attorney fees won't go up? Today, we'll dive into whether inflation might have an impact on filing fees and attorney costs in Virginia.
Now, the Chapter 7 bankruptcy filing fee recently went up from $335 to $338, while the Chapter 13 bankruptcy filing fee went from $310 to $313. These changes came into effect on December 1st, 2020. But honestly, the increase is so small that it's unlikely to put a dent in your wallet.
However, when it comes to attorney fees, there might be a bit of inflation at play. See, inflation can push bankruptcy attorneys to pay their employees more and deal with higher living costs, especially in cities like Norfolk, Chesapeake, and all across Virginia.
Would My Bankruptcy Cost Be Higher Virginia Beach Than Chesapeake?
You might be sitting in your suburban home in Virginia, pondering whether it's better to hire a local attorney or head to a bigger city like Norfolk to save some bucks on bankruptcy costs. It's a valid concern.
Now, Virginia Beach, with its whopping population of 450,189, might seem like it would have higher bankruptcy attorney fees compared to a smaller city like Chesapeake. It's only natural to assume that, right?
But hold up! While the cost may indeed be higher in Virginia Beach, there's also a little something called competition. With more bankruptcy attorneys flocking to Virginia Beach, they're all vying for clients, which means they might just drop their prices to attract business. Surprising, isn't it? So, you might find that the total cost of filing for bankruptcy, including those pesky attorney fees, could be even higher in your city than in bustling Virginia Beach.
Now, here's a little nugget of wisdom for you. Most bankruptcy attorneys offer something pretty sweet: free bankruptcy consultations. Yep, you heard that right. You can get multiple perspectives without spending a dime. And guess what? Our bankruptcy cost calculator, right down below, takes all these variables into account to give you an estimate of the all-in cost.
Why Do Some Attorneys Charge Higher Chapter 7 Bankruptcy Fees?
When it comes to Chapter 13 bankruptcy, attorneys in Chesapeake usually charge the same amount. They've got this thing called a "no-look fee" which is a normal fee for the services provided. So, no surprises there. But, and this is a big but, when it comes to Chapter 7 bankruptcy, the attorney fee can vary greatly. So, you need to understand what you're getting for that extra expenses.
Let's break it down, the cost of a bankruptcy lawyer is usually based on a few factors.
First up, complexity. If your case is as simple as pie, you might be on the lower end of the cost spectrum. But if things get a bit more tangled up, you can expect those numbers to climb.
Next, we've got location. Just like in real estate, it's all about location, location, location. If you're in a major city, you might find yourself shelling out a bit more money for your bankruptcy attorney.
Now, here's where things get interesting. The level of attorney connection can also play a role in the cost. If your lawyer has some fancy connections or a big reputation, you might be looking at a higher bill. It's like paying extra for that designer label, you know?
Last but not least, we've got expertise. If your lawyer is a seasoned pro with years of experience under their belt, you can bet your bottom dollar that they'll charge you a pretty penny for their services.
Let me give you an example. Let's say you're making $10,000 above the median income for Virginia and you still want to file for Chapter 7 bankruptcy. Well, in that case, the attorney may have to spend extra time going through your expenses to see if you even qualify for Chapter 7, despite being above the median income. And you know what extra attorney time means, right? Yep, a higher overall bankruptcy cost. If you're curious to know more on this topic, check out this article: Understanding Bankruptcy Lawyer Fees.
Conclusion
We’ve covered a lot, so in summary, the price tag depends on where you live and the type of bankruptcy you're filing. However, the biggest factor that affects the total cost is the attorney fee.
But don't fret! This article is here to save the day and give you all the deets on the all-in costs of filing for bankruptcy with a bankruptcy lawyer. We wanna make sure you're well-informed, so if you have any questions, don't hesitate to reach out. And hey, we've even got a Virginia bankruptcy cost calculator below that you can use for free.
Bankruptcy can be a great way to get a fresh start when your debt has become unaffordable due to financial hardship. Bankruptcy is for those who have a strong desire to pay their bills, but may not have the ability to pay those bills.
Trying to figure out if you can meet all the requirements for a bankruptcy discharge can be a challenge, especially if you don’t know where to start. The Bankruptcy Means Test form was created to help you navigate through to see if you qualify to file for bankruptcy discharge. The means test will look at your income to determine if you can qualify.
Yes, you can file bankruptcy while unemployed with no job, but please note that your unemployment income does count as income for the bankruptcy means test.