Filing Bankruptcy In Seattle, WA | Types, Costs, And Advice
If you’re considering filing bankruptcy in Seattle, WA, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.
Am I Qualified for Bankruptcy?
In Seattle, WA, as with other parts of the U.S., bankruptcy isn’t just an option you can pick up without any checks. The federal laws dictate the eligibility for bankruptcy, but local courts and regional specifics also play a role.
To qualify for Chapter 7 bankruptcy, individuals need to pass the “means test.” This test evaluates your monthly income against the median income for a similar-sized household in Washington State. If your income is below the median, you qualify. However, if it’s above, further evaluations of your disposable income and unsecured debts are made.
Chapter 11 and 13 bankruptcy eligibility are a bit more complex. They often involve evaluations of debt ceilings (how much debt you have) and considerations on your previous bankruptcy filings.
Keep in mind that this is a brief overview, and there are other factors like mandatory credit counseling, which also impact eligibility.
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Do You Need a Lawyer to File For Bankruptcy in Seattle, WA?
While the U.S. legal system allows individuals to represent themselves in bankruptcy court, this route, known as filing “pro se,” is fraught with challenges. The bankruptcy process is intricate, and the consequences of making errors can be severe, ranging from the dismissal of your case to the forfeiture of certain rights.
Given the nuances of bankruptcy law, having an attorney is particularly beneficial in Seattle, WA, for several reasons:
- Expertise: A bankruptcy attorney understands the specifics of Washington state laws and the peculiarities of the local court system.
- Guidance on Chapter Selection: The type of bankruptcy you file (Chapter 7, 11, or 13) can have varied implications. A lawyer can recommend the best option based on your financial situation.
- Complex Paperwork: Bankruptcy involves a myriad of forms and documents. One oversight can jeopardize your case. An attorney ensures all paperwork is completed accurately and timely.
- Representation in Court: If required to attend court hearings, an attorney can speak on your behalf, ensuring that you present the best possible case.
Cost to File Chapter 7 Bankruptcy in Seattle, WA
Filing a Chapter 7 bankruptcy in Seattle involves two main expenses: court filing fees and attorney fees.
- Court Filing Fee: The filing fee for Chapter 7 bankruptcy is $398. However, this figure is subject to change.
- Attorney Fees: The complexity of your financial situation and the attorney’s experience will influence their charges. In Seattle, you can typically expect fees for Chapter 7 representation to range between $1,200 and $2,800.
Cost to File Chapter 11 Bankruptcy in Seattle, WA
Primarily utilized by businesses, Chapter 11 is a more intricate and, as a result, a pricier form of bankruptcy.
- Court Filing Fee: The Chapter 11 filing fee stands at $1,938.
- Attorney Fees: Due to the complexities surrounding Chapter 11, attorney fees can vary widely. Depending on the specifics of your case, you might be looking at anywhere from $12,000 to over $55,000.
Cost to File Chapter 13 Bankruptcy in Seattle, WA
Chapter 13 bankruptcy, often referred to as the “wage earner’s plan,” allows individuals with regular income to develop a plan to repay all or part of their debts over a period of three to five years. The cost associated with filing Chapter 13 in Seattle, WA can be broken down into court filing fees and attorney fees:
- Court Filing Fee: The filing fee for a Chapter 13 bankruptcy is $393. This fee is set by federal statute and is consistent across the United States. However, fees can change over time, so it’s always a good idea to check the current fee with the U.S. Bankruptcy Court for the Western District of Washington or their website before filing.
- Attorney Fees: Unlike the uniform court filing fee, attorney fees can vary widely based on the attorney’s experience, the complexity of the debtor’s financial situation, and regional differences. In Seattle, the cost of hiring an attorney for a Chapter 13 bankruptcy typically falls between $3,000 and $6,000. However, these numbers can fluctuate based on individual cases and attorney preferences.Some attorneys might require an upfront payment, while others might structure their fees to be part of the Chapter 13 repayment plan. This means that part of the monthly payment you make under the plan will go toward covering your attorney’s fees.
Additional Considerations:
- Credit Counseling: Before filing for any form of bankruptcy, including Chapter 13, individuals are required to complete credit counseling. This counseling typically has an associated fee, although waivers are available for those who cannot afford it.
- Financial Management Course: Before receiving a discharge in a Chapter 13 case, debtors must also complete a financial management course. Like credit counseling, this course may also have an associated fee.
In conclusion, while the court filing fee for Chapter 13 bankruptcy in Seattle, WA, is relatively fixed, attorney fees can vary based on several factors. Before deciding to file, it is advisable to consult with a local bankruptcy attorney to get a clearer understanding of the total costs and to assess whether Chapter 13 is the best option for your financial situation.
Reliable Bankruptcy Attorneys in Seattle, WA
Below is a list of reputable bankruptcy attorneys in Seattle, WA. They can help you with both personal and business bankruptcy information.
Law Offices of Lance L. Lee
1700 7th Ave #2100, Seattle, WA 98101, United States
Symmes Law Group PLLC
1818 Westlake Ave N # 202, Seattle, WA 98109, United States
Sound Advocates Law Group PLLC
14900 Interurban Ave S Suite 165, Seattle, WA 98168, United States
Washington Debt Law, PLLC
12535 15th Ave NE Suite 214, Seattle, WA 98125, United States
Seattle, WA Zip Codes We Proudly Serve:
98101, 98102, 98103, 98104, 98105, 98106, 98107, 98108, 98109, 98112, 98115, 98116, 98117, 98118, 98119, 98121, 98122, 98125, 98126, 98133