Bankruptcy attorney

How to find a bankruptcy attorney near you, and what one costs

Also searched as: bankruptcy lawyer near me · chapter 7 attorney · chapter 13 attorney · free bankruptcy consultation

The fastest reliable way to find a bankruptcy attorney near you is your state bar’s lawyer referral service, then the NACBA consumer bankruptcy directory, then legal aid if your income is low. Expect a free or low-cost first consultation, a written flat-fee agreement, and a $338 Chapter 7 court filing fee on top of the attorney’s fee.

We are not a law firm and do not refer cases — every path on this page leads to a public directory, a court, or a nonprofit

Last reviewed 2026-09-01 · fees and statutes re-verified against the linked sources

Court fee, fixed

$338 Ch. 7 · $313 Ch. 13

Federal fee schedule; installments or a Chapter 7 waiver for those who qualify.

Typical clock

341 meeting in 21–40 days

Chapter 7 discharge generally 60–90 days after that; Chapter 13 runs three to five years.

The contract rule

Written contract within 5 business days

11 U.S.C. §528 requires it, before anything is filed. No contract, no engagement.

What does a bankruptcy attorney do, and do I need one?

Short answer

A consumer bankruptcy attorney does four things the court itself is barred by law from doing for you: advises whether to file at all, picks the chapter, protects your property through the right exemptions, and answers for you when the trustee or a creditor pushes back. The U.S. Courts’ own list of what a lawyer adds includes advising on whether debts can be discharged, whether you keep your home or car, the tax consequences, and whether to keep paying particular creditors. Court staff and judges cannot give any of that advice.

Do you need one? Filing without a lawyer (“pro se”) is legal. It is a reasonable choice for a simple Chapter 7 — income below the state median, no home equity, no business, no recent large transfers. It is a poor choice for Chapter 13, where a plan has to be drafted and confirmed, and for anything with a lawsuit deadline or contested facts. The honest split is covered under filing bankruptcy without a lawyer.

What a bankruptcy attorney cannot do

No lawyer can erase accurate credit history, discharge debts the Code excludes (most student loans, recent taxes, child support), promise you will keep specific property, or guarantee a discharge. A lawyer can improve the odds and avoid the mistakes that cost people their case — not change the law.

How do I find a bankruptcy attorney near me?

In this order. Each step is a public, non-commercial source, and each one screens something the step after it does not. Ads and “top 10” lists are not on the list because none of them verify a license or a fee.

If you want that by state rather than as a general method, we keep a sourced directory of the court pro bono programs, LSC-funded legal aid organizations, and state bar referral services that exist where you live: free and low-cost bankruptcy help, by state.

Step 1
Your state bar’s lawyer referral service
Every state bar runs or certifies one. Referred lawyers must be licensed and in good standing, usually must carry malpractice insurance, and agree to a capped first consultation — commonly $25 to $50 for 30 minutes (Florida, Pennsylvania, New York, North Carolina, Oregon, and South Carolina all publish their cap). The ABA keeps a state-by-state list of referral services and free legal help. Our state guides link the referral service and bankruptcy district for each state we cover.
Step 2
The NACBA consumer bankruptcy attorney directory
The National Association of Consumer Bankruptcy Attorneys lets you search members by ZIP code. It is a membership directory, not a referral service — NACBA says plainly it does not assess qualifications — but membership tells you the lawyer chose consumer bankruptcy as a focus rather than an occasional sideline.
Step 3
Legal aid, if your income qualifies
The Legal Services Corporation locator finds the LSC-funded program for your address (129 programs cover every state and territory). Eligibility is income-based, and many programs limit bankruptcy intake to certain case types or run waitlists, so ask early. Below-median income usually also means the means test is a non-issue.
Step 4
Law school bankruptcy clinics
Many law schools run consumer bankruptcy clinics where students handle simple Chapter 7 cases under a supervising attorney, free. Search the school name plus “bankruptcy clinic,” or ask the legal aid office in Step 3, which usually knows the local one.
Step 5
Your bankruptcy court’s pro se help desk
Bankruptcy is federal, so “near me” legally means the district for the county where you live. Use the U.S. Courts federal court finder to identify it. Most districts post local rules, required local forms, and a list of free help sessions or volunteer-lawyer programs on their own site. Clerks cannot give legal advice, but they can tell you what those programs are and when they meet.

Before you pay anyone: look the name up on your state bar’s license search. It takes a minute and rules out the single worst outcome — paying a non-lawyer who cannot appear for you.

What does a bankruptcy attorney cost?

Short answer

Three separate bills, and only one of them is the lawyer. The court’s filing fee is fixed nationally. The two counseling courses are small and set by the provider. The attorney fee is the variable, and it is the only one that is negotiable.

Bankruptcy cost by chapter: court fee, counseling, attorney fee, and fee relief
Cost	Chapter 7	Chapter 13
Court filing fee (fixed by federal fee schedule)	$338 ($245 filing + $78 administrative + $15 trustee surcharge)	$313 ($235 filing + $78 administrative)
Pre-filing credit counseling + post-filing debtor education	Roughly $0 to $50 per course from approved providers; fee waivers available	Same
Attorney fee — published estimates, not quotes	About $1,000 to $3,000 flat; one reader survey averaged $1,450 (2020 data)	About $2,500 to $5,000, mostly paid through the plan
Fee relief	Installments (up to 4, within 120 days) or full waiver if income is under 150% of poverty line	Installments only; no waiver

Sources: filing fees from the Bankruptcy Court Miscellaneous Fee Schedule (effective Dec. 1, 2023; verified live 2026-09-01) and 28 U.S.C. §1930(a); installment and waiver rules from the U.S. Courts Chapter 7 and Chapter 13 basics pages. Attorney-fee figures are third-party published estimates: Nolo reader survey (2020 data, updated 2023-11-13) and LegalZoom (updated 2026-01-05). Local fees vary widely; get a written quote.

Two mechanics most cost articles skip. First, every attorney must file a statement of what you paid or agreed to pay under 11 U.S.C. §329, and the court can cancel or claw back a fee it finds excessive — so a bankruptcy fee is one of the few legal fees a judge actually reviews. Second, most districts publish a Chapter 13 “no-look” fee: a flat amount the court approves without a detailed application, paid largely through your plan. Ask any Chapter 13 lawyer what the district’s no-look fee is and how much is due before filing. See the full breakdown of what bankruptcy costs.

What is a free bankruptcy consultation, and what should I bring and ask?

Short answer

A free consultation is a real meeting with a licensed attorney, and also a sales conversation. The lawyer is screening your case and quoting a fee; you are deciding whether to hire them. Nothing is filed and no one represents you until a written fee agreement is signed. Treat it as an interview you are conducting, not one you are sitting for.

Bring a rough list of debts with balances, your last two months of pay stubs or income records, last year’s tax return, and any lawsuit, garnishment, or foreclosure paperwork with dates. The bankruptcy document checklist is the full list. Then ask these twelve questions and write the answers down:

Are you licensed in this state, and what is your bar number?
What share of your practice is consumer bankruptcy, and roughly how many cases a year?
Which chapter fits my facts, and why not the other one?
What is the total flat fee, exactly what does it cover, and what costs extra (reaffirmations, motions, a creditor objection)?
Will I get the fee agreement in writing before I pay anything?
Who will prepare my schedules, and who will sit with me at the 341 meeting — you, an associate, or a paralegal?
Which exemptions apply to my home, car, and retirement accounts, and is anything at risk?
Are there timing issues — recent transfers, a bonus, a tax refund, or the six-month means-test window?
Which of my debts will not be discharged?
If I have a deadline (garnishment, sale date, court date), how fast can you file, and what do you need from me first?
How do we communicate, and how quickly do you return calls?
Have you ever been disciplined by the bar? (Then verify on the bar website.)

Red flags that end the meeting

A guaranteed outcome. A fee quoted with no written agreement. Pressure to sign or pay that day. Refusal to say who handles the 341 meeting. And the biggest one: the person is not a lawyer. Non-attorney “bankruptcy petition preparers” may only type your answers into the forms under 11 U.S.C. §110 — they may not give legal advice, explain the forms, or go to court with you, and they must sign and print their name on every document they prepare.

What happens at a free bankruptcy consultation, step by step?

Short answer

Whether it is a 30-minute bar-referral slot or a longer private meeting, the arc is the same, because two federal rules shape it. Under 11 U.S.C. §527, an attorney who offers bankruptcy help must give a written notice within three business days explaining that everything filed must be complete and accurate, and a separate statement that says, in capitals, the law requires a written contract stating what the lawyer will do and what it costs. Under §528, that contract is due within five business days of the first help, and before anything is filed. The sequence below is what that looks like from the client’s chair.

Step 1, the opening minutes: intake
Who you owe, roughly how much, what you earn, what you own, and whether any deadline is live (garnishment, sale date, court date). The lawyer is screening for conflicts, urgency, and whether bankruptcy is even the right tool.
Step 2, the middle of the meeting: the chapter question
Household income against the state median (the means test), home and car equity against your state’s exemptions, recent transfers, a tax refund or bonus on the way, and which debts survive a discharge. A good answer here sounds like “Chapter 7, unless X” — with the X explained.
Step 3, before you leave: the quote
A flat fee, what it covers, what costs extra, the court fee and counseling courses on top, and how payment works (Chapter 7 up front; Chapter 13 mostly through the plan). Every dollar of it will later be disclosed to the court under §329.
Step 4, afterward: paper, not pressure
You leave with the §527 notices and a document list, and the written contract follows within five business days if you decide to hire. “Sign today or lose the price” is not how the rule works; the statute itself says to ask to see the contract before hiring anyone.

What documents do I bring to a bankruptcy consultation?

Short answer

The same four things the court will eventually require on the official forms, per the U.S. Courts’ Chapter 7 basics: a list of every creditor with what is owed, your income (source, amount, and how often), a list of what you own, and your monthly living expenses. For a first meeting, rough is fine; for filing, exact is mandatory.

Recent statements or a written list for every debt, including medical bills, back taxes, and anything in collections.
Pay stubs or other proof of income for the last 60 days (the Code requires this for consumer cases), plus a rough six-month income history for the means test.
Last year’s federal tax return; the trustee will ask for it after filing.
A list of property with approximate values: vehicles, home, bank balances, retirement accounts.
Any lawsuit, garnishment order, foreclosure notice, or repossession letter, with its dates.
Records of anything sold, gifted, or transferred in the last two years, and any large payments to a relative or one creditor in the last year.

The printable bankruptcy document checklist is the complete version, organized by the schedule each item lands on.

How long does bankruptcy take?

Short answer

A routine Chapter 7 takes about four months from filing to discharge; add the weeks of document gathering and it is commonly four to six. The two anchors are set by rule: the 341 meeting of creditors is held 21 to 40 days after the petition, and the discharge order generally follows 60 to 90 days after the date first set for that meeting. Chapter 13 is a three-to-five-year plan by statute, and the discharge comes only after the last plan payment.

Bankruptcy timeline by chapter, from filing to discharge
Milestone	Chapter 7	Chapter 13
Credit counseling course	Within the 180 days before filing	Same
Automatic stay	The moment the petition is filed	Same
341 meeting of creditors	21 to 40 days after filing	21 to 50 days after filing
Plan confirmation hearing	None	Generally within 45 days of the 341 meeting
Discharge	Generally 60 to 90 days after the first 341 date	After every plan payment: three years (below-median income) to five years
On credit reports	Up to 10 years from filing	Up to 7 years from filing

Sources: U.S. Courts Chapter 7 and Chapter 13 basics (Fed. R. Bankr. P. 2003(a) and 4004(c)); 11 U.S.C. §1324(b) confirmation timing and §1322(d) plan length; CFPB for reporting windows. All verified 2026-09-04. A creditor objection, an asset case, or a missed document can extend any of these.

Can I switch bankruptcy attorneys?

Short answer

Yes, at any stage; what changes is the paperwork. Before filing, the engagement is a contract, and the §528 contract must state what was to be done and what it cost, so the question is only what portion of a fee was earned. After filing, the attorney is counsel of record and a substitution or withdrawal goes through the court under Federal Rule of Bankruptcy Procedure 2091; the new lawyer files their own fee disclosure under §329. Because every bankruptcy fee is disclosed to the court, a judge can order any amount that exceeds the reasonable value of the work returned — a remedy almost no other legal client has.

Before switching, ask two things

First, for a written accounting of what was paid and what was done. Second, whether a deadline is running (a 341 meeting date, a reaffirmation deadline, the 14-day window for schedules after a skeleton filing). Changing lawyers does not pause the case. Your state bar’s fee-dispute program is the place to take an unresolved money question; the bankruptcy court itself handles the §329 review.

Chapter 7 attorney vs. Chapter 13 attorney — is there a difference?

Usually the same lawyer; the difference is how you pay. A Chapter 7 fee is generally paid in full before filing, because the moment the petition is filed the automatic stay stops all collection on pre-filing debts — including the lawyer’s own unpaid fee. A Chapter 13 fee is higher because there is a plan to draft, confirm, and manage for three to five years, but most of it is paid through the plan itself, so the up-front amount is often smaller than for a Chapter 7. If a lawyer steers you toward Chapter 13 without walking through the means test first, ask why. Some people genuinely need Chapter 13 (mortgage arrears, non-exempt property, above-median income); the fee structure should never be the reason.

What if it’s an emergency — garnishment, a foreclosure sale date, or repossession?

An “emergency bankruptcy attorney” is a regular consumer bankruptcy lawyer who can file a bare-bones petition — often called a skeleton or emergency filing — the same day. Filing the petition alone triggers the automatic stay under 11 U.S.C. §362, which generally halts garnishments, lawsuits, foreclosure sales, and repossessions the instant the case is filed. The full schedules are then due within 14 days under the bankruptcy rules, and the required credit counseling can be briefly deferred in genuine exigent circumstances.

What the stay does not do

It does not reverse a foreclosure sale that was completed before you filed. It does not stop an eviction where the landlord already holds a judgment for possession, except in narrow circumstances. It does not pause child support, criminal cases, or most tax audits. And for repeat filers it shrinks: one case dismissed within the past year and the stay expires after 30 days unless extended; two or more and no stay takes effect at all without a court order (§362(c)(3)–(4)).

Deadlines matter more than the chapter here. See emergency bankruptcy help for what to gather in the first 48 hours, and wage garnishment for the non-bankruptcy defenses that may also apply.

Can I file bankruptcy online or without a lawyer?

Without a lawyer: yes, and the court’s own filing-without-an-attorney page explains how while strongly recommending counsel. The official forms are free. “Online” is the part that needs translating. There is no website where a consumer bankruptcy simply gets submitted. Attorneys file through the court’s CM/ECF system; pro se filers generally file paper at the clerk’s office or by mail, and some districts offer an electronic self-representation tool for Chapter 7 — check your district’s website. The nonprofit Upsolve prepares Chapter 7 forms free for people who pass its screener; you then print and file them yourself. Upsolve states it is not a law firm and cannot give legal advice.

The honest risk: pro se filers are held to the same rules as lawyers, and the mistakes that hurt — a missed exemption, an undisclosed transfer, a schedule signed under penalty of perjury with a wrong number — usually surface at the 341 meeting or after, when they are expensive to fix. See how to file bankruptcy, step by step and do I qualify for Chapter 7 before deciding.

What this page is not

Credit Defense Hub is an educational publisher. We are not a law firm, we do not employ or refer attorneys, we take no fees from any lawyer, and we cannot tell you whether to file. Every link above goes to a court, a bar association, a statute, or a nonprofit. Nothing here creates an attorney-client relationship, and a licensed attorney in your state is the only person who can advise on your specific case.

Frequently asked questions

How do I find a bankruptcy lawyer near me?

Start with your state bar’s lawyer referral service, which screens for a license in good standing and usually caps the first consultation at a small fee. Then search the NACBA consumer bankruptcy attorney directory by ZIP code, and check the LSC legal aid locator if your income is low. Your case is filed in the federal bankruptcy district for the county where you live, so a lawyer who regularly practices in that district is the practical definition of “near me.”

Is a bankruptcy consultation really free?

Often, yes, and it is a real meeting with a licensed attorney. It is also a sales conversation: the lawyer is deciding whether to take your case and quoting a fee, and you are deciding whether to hire them. Nothing is filed and no one represents you until you sign a written fee agreement. Bar referral services typically charge a small flat fee for the first 30 minutes instead of offering it free.

How much does a Chapter 7 bankruptcy attorney cost?

Published estimates put a typical Chapter 7 attorney flat fee between about $1,000 and $3,000 depending on location and complexity (Nolo reader survey, LegalZoom, both dated on this page). That is separate from the $338 court filing fee and the two required counseling courses. Every attorney must disclose the fee to the court under 11 U.S.C. §329, and the court can order an excessive fee returned.

What is the difference between a Chapter 7 attorney and a Chapter 13 attorney?

Usually none; most consumer bankruptcy lawyers handle both. The difference is the fee structure. Chapter 7 fees are generally paid in full before filing, because the automatic stay would otherwise block the lawyer from collecting. Chapter 13 fees are often set by a district “no-look” amount and paid mostly through the three-to-five-year plan, so a smaller amount is due up front.

What does an emergency bankruptcy attorney do that a regular one does not?

The same lawyer, working on a shorter clock. If a garnishment, foreclosure sale, or repossession is days away, an attorney can file a bare-bones “skeleton” petition to trigger the automatic stay immediately and file the remaining schedules within the 14 days the rules allow. The stay does not undo a foreclosure sale that already happened, and it is limited or absent for people with one or more cases dismissed in the past year.

Can I file bankruptcy online instead of hiring a lawyer?

You can prepare the forms online, but the case is still filed in a federal court, not on a website. The official forms are free, some districts offer an electronic self-representation tool for Chapter 7, and the nonprofit Upsolve prepares Chapter 7 forms at no charge for people who pass its screener. Filing without a lawyer is legal and can work for a simple, below-median Chapter 7. It is a poor fit for Chapter 13, for anyone with home equity or a business, or for anyone facing a creditor objection.

What if I cannot afford any bankruptcy attorney at all?

Three doors: LSC-funded legal aid (income-eligible, though many programs limit bankruptcy intake), law school bankruptcy clinics, and a Chapter 7 court fee waiver under 28 U.S.C. §1930(f) for filers with income under 150 percent of the poverty line who cannot pay in installments. The court can also let you pay the filing fee in up to four installments. None of these replaces legal advice, but together they can bring the cash needed to file close to zero.

What is a red flag when choosing a bankruptcy attorney?

Anyone who guarantees an outcome, quotes a fee without a written agreement, will not say who will actually handle your 341 meeting, or turns out not to be a lawyer at all. Non-attorney “petition preparers” may only type your answers into forms under 11 U.S.C. §110; they may not give legal advice or appear for you in court. Verify any lawyer’s license on your state bar’s website before paying.

Terms used on this page

Automatic stay Means test 341 meeting Exempt property Discharge Trustee

If you do only one thing today: find your bankruptcy district with the federal court finder and book one referral-service consultation. Two facts — which court, and one lawyer’s written quote — turn everything above from abstract into a plan.

Every fee and statute on this page is tied to a primary source and a verification date — see how we verify what we publish.

Go deeper

Sources

28 U.S.C. §1930 — bankruptcy filing fees; §1930(f) Chapter 7 fee waiver (LII, verified 2026-09-01).
11 U.S.C. §362 — the automatic stay, including (b)(22) eviction judgments and (c)(3)–(4) repeat-filer limits (LII, verified 2026-09-01).
11 U.S.C. §329 — attorney fee disclosure and court review (LII, verified 2026-09-01).
11 U.S.C. §110 — limits on non-attorney bankruptcy petition preparers (LII, verified 2026-09-01).
11 U.S.C. §527 — written notices an attorney must give within 3 business days of first offering bankruptcy help, including the statement that a written contract is required (LII, verified 2026-09-04).
11 U.S.C. §528 — written contract stating services and fees, due within 5 business days and before filing (LII, verified 2026-09-04).
11 U.S.C. §1322(d) and §1324(b) — Chapter 13 plan length (three to five years) and confirmation-hearing timing (LII, verified 2026-09-04).
Federal Rules of Bankruptcy Procedure — Rule 1006(b) installments, Rule 2003(a) 341 timing, Rule 2091 attorney withdrawal or substitution, Rule 4004(c) discharge timing (U.S. Courts, verified 2026-09-04).
U.S. Courts — Bankruptcy Court Miscellaneous Fee Schedule (effective Dec. 1, 2023; verified live 2026-09-01).
U.S. Courts — Bankruptcy Basics (the older /services-forms/ addresses now redirect here), including the Chapter 7 and Chapter 13 pages (verified 2026-09-01).
U.S. Courts — Filing Without an Attorney (verified 2026-09-01).
U.S. Courts — Federal Court Finder (district lookup).
DOJ U.S. Trustee Program — Means Testing (current median-income and IRS-standard figures; verified 2026-09-01).
CFPB — How to rebuild your credit (reporting windows: Chapter 7 up to 10 years, Chapter 13 up to 7; verified 2026-09-04).
Legal Services Corporation — I Need Legal Help (legal aid locator; verified 2026-09-01).
NACBA — Find an Attorney (member directory; verified 2026-09-01).
American Bar Association — Free Legal Help (state referral services directory).
Nolo — Chapter 7 reader survey (attorney-fee figures; 2020 data, updated 2023-11-13; published estimate).
LegalZoom — How much does it cost to file bankruptcy (attorney-fee ranges; updated 2026-01-05; published estimate).
Upsolve (nonprofit Chapter 7 form-preparation tool; its own not-a-lawyer disclosure; verified 2026-09-01).

Educational information — not advice

This topic involves court deadlines and rights you can permanently lose.

This page provides general educational information about credit, debt, and consumer protections. It is not legal advice, financial advice, or credit repair services, and reading it does not create any professional relationship. Laws, procedures, deadlines, and dollar amounts vary by state and change over time.

Before acting or deciding not to act, strongly consider consulting a licensed attorney in your state. If cost is a concern, legal aid organizations may help for free. See our full disclaimer.