What Are the Fees for a Chapter 13 Bankruptcy in California?
The federal government controls the bankruptcy courts, not the state governments. The federal government places four different bankruptcy districts in California. The courts in Bakersfield, Fresno, Sacramento and Modesto serve as part of the eastern district court. The northern district includes courts in Eureka, San Francisco, Oakland, San Jose, Santa Rosa and Salinas. The southern district covers San Diego, and the central court services Los Angeles, Santa Barbara, Woodland Hills, Riverside and Santa Ana. The filling fees are the same regardless of what district you file in California or across the country.
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Filling Fee
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Chapter 13 bankruptcy requires two separate fees. As of February 2011, the court case filing fee is $235, and an administrative fee for miscellaneous costs is $39. Filers provide the courts with both of these fees when filing the chapter 13 case. The courts may grant permission to pay the fees over time in an installment agreement. The filer must request permission when filing the case. If the court approves the installment agreement, the final payment must be received by the court no later than 180 days after the filing date. If the filer does not pay these fees, or doesn't pay the entire fee by the end of the installment period, he risks having the case dismissed.
Required Counseling
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The court requires petitioners complete pre-bankruptcy counseling within 180 days before filing their case. This counseling may be completed online or over the phone. The fee for the counseling, as of Feb. 2011, varies, but costs between $50 to $100 depending on what type of counseling is chosen and if it is for a couple or individual. After completing the counseling, the company issues each person a certificate. The bankruptcy courts require the bankruptcy petition include the certificate. You may obtain your certificate from any approved counseling agency you choose, not just the one your attorney recommends. Contact your district's clerk of the court for an approved list of counselors in your county.
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Attorneys Fees
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The attorney fees for filling a chapter 13 bankruptcy often are included in the bankruptcy payment plan. Chapter 13 bankruptcy requires the filer repay some or all of the debt being discharged over a fixed period. The attorney may allow payment of her fees during this period. Hiring a bankruptcy attorney costs anywhere from less than $1,000 to several thousand dollars (as of Feb. 2011). Talk to several bankruptcy attorneys before choosing one, and compare the attorney fees. The State Bar of California provides an attorney referral service (866-442-2529).
Hardship Discharge
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Chapter 13 bankruptcies may be discharged much like a chapter 7 if a hardship occurs which is out of the control of the filer. If the filer cannot make the payments due to unforeseen circumstances such as job loss or injury. The creditors must receive as much as they would have if the case had been filed as a chapter 7 bankruptcy and modification is not possible. The cost to change the case from a chapter 13 to a chapter 7 is $25.
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