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Fees and Discounts

Fees

“Fees?  Do you think I have extra money lying around?  I’m filing for bankruptcy!  HELLO?“

I agree, 100%.  Unfortunately, however, except for certain limited situations for Chapter 7 debtors (read below), there is a cost associated with filing for bankruptcy.  Sorry for “rubbing salt on a wound,” but there are in fact two (2), sometimes even three (3) fees: 1) a filing fee that’s paid to the court; 2) my attorney’s fee; and if you own real estate (3) an optional title certificate fee.  The first two fees vary depending on whether you file for Chapter 7, Chapter 12, or Chapter 13, while the title certificate fee varies depending on two factors: 1) online record access; and 2) length of travel.  The fees listed below are for both individual and joint filers.

Chapter 7

Attorney’s fee – No consultation fee. No retainer. No fee due until you sign your petition. All fees 100% refundable until a petition is filed. Sliding fee scale. To calculate the fee:

HONEST AND CANDID

A. Figure out the number of housemates you have. Include:

  1. Your children, step-children, or other relatives who live with you; and
  2. Your children, step-children, or other relatives who lived with you until moving temporarily away due to education, illness, business, vacation or military service; and
  3. Your foster children; and
  4. Your spouse, if he/she lives with you; and
  5. Anyone else living with you whose expenses are intermingled with yours (partners, roommates, tenants sharing your kitchen, etc.); and
    1. 5’s children or other relatives who live with you; and
    2. 5’s children or other relatives who lived with you until moving temporarily away due to education, illness, business, vacation or military service.

Add together. You + your housemates = your household.

B. If anyone in your household is a seasonal worker, receives variable income, or has or will have income other than what’s described below in D and E, such as business income, babysitting money, rent, or other money used to pay household expenses (unless you or your housemates have to pay it back), please stop, and contact me for a determination of your fee.

C. If no one in your household makes regular rent or mortgage payments, please stop, and contact me for a determination of your fee.

D. Add together all the (net) pay that your household brought home on everyone’s last bi-weekly pay stub (or last two weekly pay stubs).

E. In the next year, how much do you and your housemates expect to receive of the following every two (2) weeks? Average out variable payments, like fuel assistance. Divide monthly amounts by 2.17. Add everything together:

  • Alimony, maintenance, and child support;
  • Net Social Security benefits, including SSDI, SSI, and SSA;
  • Net unemployment compensation;
  • Worker’s compensation;
  • Foster care subsidies;
  • 2017 federal and state tax refunds (predicted if not yet received, divided by 26);
  • Government assistance (except health insurance); and
  • Interest and dividends.

F. Add together D + E.

G. Based on the household size you calculated in A and the household income you calculated in F, use the table below to place your household income in Column I, II, or III.

 Household Size
 I.

<150% of FPL

 II.

150%-200% of FPL

 III.

200%-250% of FPL

 IV.

>250% of FPL
1 less than $525 $525-$701 $701-$876 more than $876
2 less than $712 $712-$950 $950-$1,188 more than $1,188
3 less than $904 $904-$1,207 $1,207-$1,510 more than $1,510
4 less than $1,085 $1,085-$1,449 $1,449-$1,812 more than $1,812
5 less than $1,272 $1,272-$1,698 $1,698-$2,124 more than $2,124
6 less than $1,459 $1,459-$1,948 $1,948-$2,436  than $2,436

 

For households with more than 6 persons, add $187 to Column I, $250 to the higher Column II number , and $312 to the higher Column III number for each additional person.

H. Fee:

  1. Below 150% of the Federal Poverty Level (FPL) Guidelines – fee = $365*;
  2. Between 150%-200% of FPL – fee = $565*;
  3. Between 200% – 250% of FPL – fee = $765;
  4. Above 250% of FPL – fee = $965.

*In order to qualify for the Tier I or II fee, call the Legal Services Law Line of Vermont (LSLL) at 1-800-889-2047.  Please note that these fee tiers do NOT include bankruptcy credit counseling (can’t file without it), which is offered at no charge through the LSLL.  You might qualify for other services as well, such as a waiver of the court filing fee referred to below, or even pro bono (free) legal representation.

Installment payments are welcome.

Court filing fee – $335.  Two (2) options:

  1. You pay the filing fee directly to the court in four monthly installments of $83.75.  The 1st installment is due one (1) month after you sign your petition; or
  2. You pay the full filing fee to me when you sign your petition.  I pay the court the full filing fee the same day (when I file your petition).

Chapter 12

Attorney’s fee – No consultation fee. No retainer. No fee due until you sign your petition. All fees 100% refundable until a petition is filed. Sliding fee scale based on the type of Chapter 12 case:

  • Chapter 12 Plan pays only unsecured claims and attorney’s fees – $390 due by petition signing (installment payments welcome) + $1,610 paid post-petition through the Chapter 12 Plan ($2,000 total);
  • Ongoing monthly mortgage payments are paid, but outside the Chapter 12 Plan – $390 due by petition signing (installment payments welcome) + $2,610 paid post-petition through the Chapter 12 Plan ($3,000 total);
  • Ongoing monthly mortgage payments are paid through the Chapter 12 Plan (Conduit Mortgage Payments) – $390 due by petition signing (installment payments welcome) + $3,610 paid post-petition through the Chapter 12 Plan ($4,000 total).

 Court filing fee – $275 ($297 for Option #2).  Three (3) options:

  1. You pay the filing fee directly to the court in four (4) monthly installments of $68.75.  The 1st installment is due one (1) month after you sign your petition;
  2. You include the filing fee in your Chapter 12 Plan; or
  3. You pay the full filing fee to me when you sign your petition.  I pay the court the full filing fee the same day (when I file your petition).

Chapter 13

Attorney’s fee – No consultation fee. No retainer. No fee due until you sign your petition. All fees 100% refundable until a petition is filed. Sliding fee scale based on the type of Chapter 13 case:

  • Chapter 13 Plan pays only unsecured claims and attorney’s fees – $390 due by petition signing (installment payments welcome) + $1,610 paid post-petition through the Chapter 13 Plan ($2,000 total);
  • Ongoing monthly mortgage payments are paid, but outside the Chapter 13 Plan – $390 due by petition signing (installment payments welcome) + $2,610 paid post-petition through the Chapter 13 Plan ($3,000 total);
  • Ongoing monthly mortgage payments are paid through the Chapter 13 Plan (Conduit Mortgage Payments) – $390 due by petition signing (installment payments welcome) + $3,610 paid post-petition through the Chapter 13 Plan ($4,000 total).

 Court filing fee – $310  ($335 for Option #2).  .  Three (3) options:

  1. You pay the filing fee directly to the court in four (4) monthly installments of $77.50.  The 1st installment is due one (1) month after you sign your petition.
  2. You include the filing fee in your Chapter 13 Plan; or
  3. You pay the full filing fee to me when you sign your petition.  I pay the court the full filing fee the same day (when I file your petition).

Optional Real Estate Title Certificate

     While not mandatory, if you own Vermont real estate and are contemplating bankruptcy, you should only file after you’ve had a professional investigation of your real estate title in the town land records conducted, especially if it’s possible that there is a tax, mechanic’s, judgment, and/or some other type of  lien on your property. The presence of these types of encumbrances can impact a bankruptcy proceeding, oftentimes in ways that benefit a bankruptcy debtor.  But the lien must be discovered and properly disclosed.

I can perform this service and issue a current title certificate for you.  NOTE – this is a bankruptcy current title certificate, not a 40-year certificate, the type that is required when purchasing or refinancing a home.

Here is a chart of my title certificate fee, by Vermont town:

Town County Certificate Fee Online Start Date**
Addison Addison $350
Albany Orleans $400
Alburgh Grand Isle $400
Andover Windsor $450
Arlington Bennington $500
Athens Windham $450
Averill Essex $550
Bakersfield Franklin $400
Baltimore Windsor $350
Barnard Windsor $350
Barnet Caledonia $400
Barre Washington $100 3/22/2004
Barton Orleans $400
Belvidere Lamoille $400
Bennington Bennington $550
Benson Rutland $450
Berkshire Franklin $550
Berlin Washington $200
Bethel Windsor $300
Bloomfield Essex $500
Bolton Chittenden $100
Bradford Orange $350
Braintree Orange $300
Brandon Rutland $100 3/21/2002
Brattleboro Windham $100 1/1/1945
Bridgewater Windsor $350
Bridport Addison $350
Brighton Essex $500
Bristol Addison $300
Brookfield Orange $300
Brookline Windham $500
Brownington Orleans $400
Brunswick Essex $500
Buel’s Gore Addison $300
Burke Caledonia $450
Burlington Chittenden $100 8/1/1986
Cabot Washington $250
Calais Washington $100 1/24/2012
Cambridge Lamoille $350
Canaan Essex $550
Castleton Rutland $400
Cavendish Windsor $400
Charleston Orleans $450
Charlotte Chittenden $250
Chelsea Orange $350
Chester Windsor $450
Chittenden Rutland $350
Clarendon Rutland $100* 4/30/1997
Colchester Chittenden $100 All(?)
Concord Essex $450
Corinth Orange $350
Cornwall Addison $300
Coventry Orleans $450
Craftsbury Orleans $350
Danby Rutland $400
Danville Caledonia $300
Derby Orleans $450
Dorset Bennington $100* 1/1/1994
Dover Windham $550
Dummerston Windham $550
Duxbury Washington $100
E. Montpelier Washington $200
East Haven Essex $500
Eden Lamoille $400
Elmore Lamoille $300
Enosburgh Franklin $500
Essex Chittenden $150
Fair Haven Rutland $450
Fairfax Franklin $350
Fairfield Franklin $100 1/1/1996
Fairlee Orange $100* 12/5/2000
Fayston Washington $200
Ferdinand Essex $500
Ferrisburgh Addison $300
Fletcher Franklin $350
Franklin Franklin $500
Georgia Franklin $350
Glastenbury Bennington $550
Glover Orleans $400
Goshen Addison $350
Grafton Windham $450
Granby Essex $500
Grand Isle Grand Isle $400
Granville Addison $300
Greensboro Orleans $400
Groton Caledonia $300
Guildhall Essex $500
Guilford Windham $550
Halifax Windham $550
Hancock Addison $300
Hardwick Caledonia $300
Hartford Windsor $350
Hartland Windsor $350
Highgate Franklin $500
Hinesburg Chittenden $250
Holland Orleans $500
Hubbardton Rutland $350
Huntington Chittenden $250
Hyde Park Lamoille $350
Ira Rutland $300
Irasburg Orleans $450
Isle La Motte Grand Isle $450
Jamaica Windham $500
Jay Orleans $500
Jericho Chittenden $250
Johnson Lamoille $350
Killington Rutland $100* 10/8/1979
Kirby Caledonia $400
Landgrove Bennington $450
Leicester Addison $350
Lemington Essex $550
Lewis Essex $500
Lincoln Addison $300
Londonderry Windham $450
Lowell Orleans $450
Ludlow Windsor $400
Lunenburg Essex $450
Lyndon Caledonia $450
Maidstone Essex $500
Manchester Bennington $100* 11/1/2004
Marlboro Windham $550
Marshfield Washington $100* 8/1/2007
Mendon Rutland $300
Middlebury Addison $100 1/1/1955
Middlesex Washington $100
Midd Rut $350
Milton Chittenden $300
Monkton Addison $300
Montgomery Franklin $500
Montpelier Washington $100 1/3/1993
Moretown Washington $100
Morgan Orleans $450
Morristown Lamoille $100 5/16/1959
Mount Holly Rutland $400
Mount Tabor Rutland $400
New Haven Addison $300
Newark Caledonia $500
Newbury Orange $100* 6/11/2007
Newfane Windham $100 2/24/1998
Newport Orleans $450
North Hero Grand Isle $100 9/24/1996
Northfield Washington $200
Norton Essex $500
Norwich Windsor $100* 7/30/2004
Orange Orange $300
Orwell Addison $400
Panton Addison $350
Pawlet Rutland $100 10/1/2013
Peacham Caledonia $300
Peru Bennington $450
Pittsfield Rutland $350
Pittsford Rutland $100* 2/6/2012
Plainfield Washington $250
Plymouth Windsor $350
Pomfret Windsor $350
Poultney Rutland $100* 3/6/2008
Pownal Bennington $600
Proctor Rutland $300
Putney Windham $550
Randolph Orange $100 10/9/2008
Reading Windsor $350
Readsboro Bennington $600
Richford Franklin $550
Richmond Chittenden $100
Ripton Addison $300
Rochester Windsor $300
Rockingham Windham $450
Roxbury Washington $250
Royalton Windsor $300
Rupert Bennington $450
Rutland Rutland $100 1/1/2006
Ryegate Caledonia $400
Salisbury Addison $350
Sandgate Bennington $500
Searsburg Bennington $550
Shaftsbury Bennington $550
Sharon Windsor $350
Sheffield Caledonia $450
Shelburne Chittenden $100 1/6/2009
Sheldon Franklin $450
Shoreham Addison $350
Shrewsbury Rutland $350
Somerset Windham $500
South Hero Grand Isle $300
Springfield Windsor $450
St. Albans Franklin $100 11/1/2011
St. George Chittenden $200
St. Johnsbury Caledonia $400
Stamford Bennington $600
Stannard Caledonia $400
Starksboro Addison $300
Stockbridge Windsor $300
Stowe Lamoille $300
Strafford Orange $350
Stratton Windham $500
Sudbury Rutland $350
Sunderland Bennington $500
Sutton Caledonia $450
Swanton Franklin $400
Thetford Orange $100 6/17/1992
Tinmouth Rutland $450
Topsham Orange $350
Townshend Windham $500
Troy Orleans $550
Tunbridge Orange $350
Underhill Chittenden $300
Vernon Windham $600
Vershire Orange $350
Victory Essex $450
Waitsfield Washington $200
Walden Caledonia $300
Wallingford Rutland $400
Waltham Addison $350
Wardsboro Windham $500
Warren Washington $200
Washington Orange $300
Waterbury Washington $100
Waterford Caledonia $400
Waterville Lamoille $400
Weathersfield Windsor $100* 7/1/2008
Wells Rutland $400
West Fairlee Orange $100 10/27/1926
West Haven Rutland $400
West Rutland Rutland $100 7/1/2000
West Windsor Windsor $400
Westfield Orleans $450
Westford Chittenden $300
Westminster Windham $500
Westmore Orleans $450
Weston Windsor $450
Weybridge Addison $350
Wheelock Caledonia $350
Whiting Addison $350
Whitingham Windham $600
Williamstown Orange $300
Williston Chittenden $100
Wilmington Windham $100 8/15/1989
Windham Windham $450
Windsor Windsor $400
Winhall Bennington $500
Wolcott Lamoille $350
Woodbury Washington $250
Woodford Bennington $550
Woodstock Windsor $400
Worcester Washington $250

 

* Online images not available.  Fee is for research only.  $100 fee is contingent on client acquiring copies of the land records requested by attorney and forwarding them to attorney.

**Property purchased before this date will have a higher fee.

I HIGHLY recommend including this service as part of my representation.  If I am not hired to perform a title search, then you will be responsible for acquiring and submitting all relevant land records for your case to me.  I will attach some basic instructions on the process in case you elect to do this work yourself.

Discounts

Invest EAP – State employees and other members of Invest EAP receive a 25% discount on my attorney’s fee. You must come to me through EAP affiliate CLC to qualify for the discount. Call Invest EAP at 1-866-660-9533 to get a CLC bankruptcy referral. Chapter 7 – you get one discount, either CLC’s 25% discount on the full Chapter 7 fee, or the sliding fee scale discount, whichever results in the lowest fee for you.

Workplace Options – members of Workplace Options receive a 10% discount on my attorney’s fee. You must come to me through Workplace Options to qualify for the discount. Call Workplace Options at 1-800-699-8011 to get a bankruptcy referral. Chapter 7 – you get one discount, either Workplace Options’ 10% discount on the full Chapter 7 fee, or the sliding fee scale discount, whichever results in the lowest fee for you.

LegalShield – members of LegalShield receive a 5% discount on my attorney’s fee. You must come to me through LegalShield to qualify for the discount. Call LegalShield at 1-800-654-7757 to get a bankruptcy referral. Chapter 7 – you get one discount, either the LegalShield 5% discount on the full Chapter 7 fee, or the sliding fee scale discount, whichever results in the lowest fee for you.

What’s Included for FREE

Chapter 7, 12 and 13

  • Analysis of your financial situation, and rendering advice in determining whether to file.

What’s Included in My Fee

Chapter 7, 12 and 13

  • Purchase bankruptcy credit report;
  • Pre-filing credit counseling course*;
  • Preparation and filing of all documents required to begin your bankruptcy case;
  • Post-filing financial management course*;
  • Representation at the § 341 Meeting (hearing at the bankruptcy court where you answer questions under oath asked of you by the bankruptcy trustee);
  • Amending lists, schedules, statements and/or other documents to comport with developments that occur before or at the § 341 Meeting;
  • Preparing and filing motions under § 522(f) to avoid liens on exempt property;
  • Preparing and filing motions for abandonment or to clear title to real property;
  • Removing garnishments or wage assignments;
  • Forwarding all required documents to the case trustee;
  • Negotiating, preparing and filing reaffirmation agreements;
  • Preparing and filing motions under § 722 to redeem exempt property from liens.

Chapter 12 & 13 Only

  • Preparing and filing a Chapter 12/13 Plan;
  • Representation at the Chapter 12/13 Plan Confirmation Hearing;
  • Cramming-down secured debts to the current value of collateral – farm mortgage (Chapter 12 only), certain car loans (Chapter 12/13);
  • Stripping wholly unsecured mortgages (“under water” homes);
  • Preparing and filing Chapter 12/13 Discharge Order.

* not included in the Chapter 7 Tier I or II fee.

What’s Not Included in My Fee (these do not come up in most bankruptcies)

  • Show cause hearings;
  • Dischargeability actions;
  • Motions for relief from stay;
  • Other contested matters;
  • Other adversary proceedings.