How Do I Find an Affordable Bankruptcy Attorney?

If you're struggling to pay your debts and living expenses, you may be considering filing bankruptcy to get debt relief. If so, you may wonder how you’re supposed to afford the bankruptcy filing fee and pay a bankruptcy attorney to help you file your case.

If this is you, you're not alone. Many filers can’t afford to pay bankruptcy attorney fees because even an affordable bankruptcy attorney can cost between $1,200 and $2,500, depending on the specifics of the case. However, you have options for finding a more affordable bankruptcy attorney.

How To Find an Affordable Bankruptcy Lawyer Near You

If you want to hire a bankruptcy lawyer to help with your case but you're worried about the cost, here are some good options to explore:

• See if a local legal aid organization can help with your Chapter 7 bankruptcy case. Legal aid organizations are nonprofits that help low-income individuals with civil legal matters like bankruptcy. Depending on your eligibility, you may be able to get free or low-cost legal help.

• Look for local legal clinics. Sometimes public libraries or community centers offer free legal help clinics.

• Check your local bankruptcy court website for resources. Some courts are better than others in providing resources for bankruptcy filers. Some have great local resources. You can search for your local court using this online court finder.

• Check out the American Bankruptcy Institution's bankruptcy resources for low-income filers. You can even search by state.

• Look at your state bar association. These are professional organizations for lawyers that also provide resources for individuals seeking legal help.

  • You can search your state bar association’s website to find contact information for bankruptcy lawyers in your area.

  • You can also visit the National Association of Consumer Bankruptcy Attorneys (NACBA) website. NACBA is a national organization for consumer bankruptcy lawyers handling Chapter 7 and Chapter 13 bankruptcy cases for individual filers and small businesses.

Keep in mind that most bankruptcy attorneys offer free consultations. In the consultation, you can ask about fees and payment options as well as get a sense of how well you'd work together. You should feel comfortable with the attorney and their staff. If you don't, it's okay to meet with other bankruptcy lawyers until you find the right fit. You want to choose the right bankruptcy attorney for you. 

Practical Ways To Afford a Bankruptcy Attorney

If you’ve found an attorney you'd like to hire,  here are some practical ways that might make it easier for you to afford the fees:

• Borrow from family or friends. Some filers ask a trusted family member or friend to lend them the money.

  • If you choose this approach, clearly communicate that you probably won’t be able to repay them until after your bankruptcy is complete. Setting clear expectations up front can help prevent misunderstandings and preserve your relationship.

• Stop making payments on debts that bankruptcy will eliminate. Some people stop paying debts (like credit cards or medical bills) that will likely be erased in bankruptcy and use that money for attorney fees.

  • Keep in mind that missing payments could lead creditors to file lawsuits or try to garnish your wages. Missed payments will also hurt your credit score, so weigh this option carefully.

• Ask about a payment plan.

  • Many bankruptcy attorneys are flexible and offer payment arrangements. These plans allow you to break attorney fees into smaller monthly payments, helping you manage the cost over time.

• Use your tax refund or other lump-sum funds.

  • If you anticipate a tax refund or another lump-sum payment, you might consider using that money to cover attorney fees. Planning your filing around receiving these funds can help you avoid needing to borrow or delay payments on other obligations.

Other Ways To Save Money When Filing Bankruptcy

Legal fees aren't the only cost of filing bankruptcy. There's also a filing fee and course fees for two required bankruptcy courses.

The court filing fee is $338 for Chapter 7 and $313 for Chapter 13 bankruptcy. Course fees range from $10–$50 per course.

But the good news is that many people qualify for fee waivers for the court filing fee and course fees. You can also apply to pay the court fee in installments.

Questions To Ask Potential Bankruptcy Attorneys

When you're looking for the right bankruptcy attorney, it’s important to ask the right questions. A free consultation gives you a great opportunity to figure out if a specific lawyer is a good match for you.

Here are some helpful questions you might want to ask:

• Do you primarily handle bankruptcy cases?

  • It’s generally helpful if the attorney has plenty of experience specifically handling bankruptcy cases. Attorneys who focus on bankruptcy often have greater familiarity with your local bankruptcy courts, trustees, and procedures.

• Which type of bankruptcy is right for me: Chapter 7 or Chapter 13?

  • The attorney’s response can help you understand your options and why one might be better suited for your situation.

• What are your fees, and what’s included?

  • Ask clearly about all costs involved in your case. Make sure you understand what the flat fee covers (such as court filing fees, paperwork preparation, attending hearings) and if anything extra will cost more.

• Do you offer payment plans or other ways to make your services affordable?

  • Since bankruptcy is often filed due to financial hardship, it’s helpful to know up front if the lawyer can offer flexible payment arrangements.

• Will you personally handle my bankruptcy case, or will someone else from your office work with me?

  • You want to feel comfortable and confident about who’s handling your case. Knowing exactly who you'll be working with will help you avoid surprises later on.

• What kind of documents will I need to provide, and what’s my role in the bankruptcy process?

  • Understanding your responsibilities and expectations up front will help you prepare, stay organized, and make the process go smoothly.

• What potential issues or challenges might arise in my case?

  • It helps if the lawyer can clearly explain any concerns or possible problems they notice. This demonstrates they’ve taken the time to understand your unique financial situation.

• What happens after I file bankruptcy? How long will the process take?

  • Knowing the typical timeline, key milestones, and what to expect after filing bankruptcy will help you stay calm, confident, and organized throughout the process.

• How can I get in touch if I have questions or need updates on my case?

  • Good communication is key. You’ll want to understand how responsive and accessible your lawyer will be if questions or issues come up.

Remember, you're looking for an attorney who makes you feel supported, respected, and comfortable. It’s okay to meet with more than one bankruptcy lawyer to find the best fit for your needs.

Do You Have To Hire a Lawyer To File Bankruptcy?

No. The good news is that you don’t have to hire a bankruptcy attorney to file bankruptcy. If you have a straightforward Chapter 7 case, you may be able to use Upsolve’s free filing tool.

That said, having an attorney on your side to give you legal advice and handle creditors’ phone calls can be helpful in certain cases.

Many people choose to hire an attorney to help with bankruptcy when:

• They have a lot of non-dischargeable debts like recent tax debt or alimony or child support.

• They're married and want to file jointly with their spouse.

• They've moved recently and aren't sure which set of exemptions apply to their case.

• They own a home or have expensive assets that aren’t covered by exemptions.

• They decide to file Chapter 13 instead of Chapter 7 or want to convert their Chapter 13 case to Chapter 7.

How Upsolve Can Help With Your Chapter 7 Bankruptcy

If you have a simple case, Upsolve may be able to help you fill out the required Chapter 7 paperwork with our free online tool.

The tool supports you in several steps of the bankruptcy process, including:

• Completing the credit counseling course

• Filling out and filing the bankruptcy forms

• Completing your debtor education course

• Attending the meeting of creditors

Most Chapter 7 filers complete their bankruptcy cases and receive the bankruptcy discharge within 4–6 months.

Let’s Summarize… 

Hiring an attorney for your bankruptcy may seem like a luxury you can’t afford. The good news is that most bankruptcy attorneys offer a free consultation for potential new clients. This will provide you with an overview specific to your situation. If your case is complicated and you have non-exempt assets you don’t want to lose, hiring an attorney can be a good investment in your financial future.