05/19/2017
How Can You Charge $700 for a Chapter 7?!?!
Many clients ask this question because they previously talked to other law firms and were quoted between $1,500 and $2,000 to have a chapter 7 filed. It’s a very reasonable question. I happen to think that the question is backwards. Instead, I would ask, “Why in the world would someone charge $1,500 to $2,000 for a regular person to file chapter 7?” Unfortunately, I worry that the real answer is, “Because they can.” Here are my theories on why people are being over charged for chapter 7 filings and why we charge $700.
Within the greater Denver area there are a lot of attorneys who practice bankruptcy law. Having a lot of attorneys is good because it causes them to compete with one another and that helps to keep their rates more reasonable. If an attorney tries to charge a crazy high price, the person wanting to file can easily go to a different attorney who charges less. This isn’t always the case outside of Denver, where there are fewer attorneys and even fewer attorneys practicing bankruptcy law.
In my observations, and based on what clients have shared with me at consultations, the “average” fee being charged for a chapter 7 filing outside of Denver (Colorado Spring and Pueblo) is about $1,500 to $2,000. As long as all of the attorneys in these areas all charge an inflated rate, they can get away with it because people living in these areas don’t have another option charging a reasonable fee. I tend to think of it as a very informal monopoly.
Bankruptcies are flat fee billed, meaning that you pay one fee for the entire chapter 7 legal service (as opposed to an hourly rate). If the person filing a chapter 7 bankruptcy owns several rental properties, has an unusual amount of very expensive assets, or is very wealthy, then the case would take longer to draft and file. That sort of rare situation might justify a fee like what’s being charged in Pueblo and Colorado Springs.
However, if you are a regular person who owns the same “usual” things that we all own (clothes, furniture, cars, and maybe a home), your chapter 7 filing simply will not take as long to represent as a filing for the rich person with lots of assets, in the example above. The flat fee charged for a chapter 7 is supposed to be based on how long the chapter 7 representation will take to accomplish. A regular person needing to file a chapter 7 simply doesn’t take enough time to justify the high fees being charged. It’s been my experience that my last several thousand chapter 7 bankruptcies that I’ve represented for regular people didn’t take that much time and I suspect that the next several thousand bankruptcies that I represent for regular people will also not take that long to represent.
I’ve tried to justify their high fees in my mind several different ways: Maybe there are slow at typing? Maybe they haven’t filed many chapter 7s so they’re unfamiliar with the process? Maybe they …. In the end, I suspect they charge high fees because they have been getting away with it. Correction – they used to be able to get away with it. After having this situation brought to my attention by a few very nice people at consultations, I decided to make our $700 chapter 7 fee available to those living in and around Colorado Springs & Pueblo.
All of our representations are full attorney representations. If your debts are in the way of your goals, if you need to stop or prevent a garnishment, or if you would simply like a financial fresh start, I encourage you to schedule a free consultation with our office through messenger, email
([email protected]), at our website’s contact form (www.morselawcolorado.com), or by phone at 719-302-3655 or 303-300-6684. I look forward to hearing from you!
- Todd Morse