Miami Bankruptcy Attorney Blog

So you have decided that you want to file for bankruptcy and you have met with a lawyer or two and they have quoted a flat fee price for your bankruptcy case.  The next question that generally comes to your mind is how am I going to pay the attorney fee?   Your first thought is to use your credit card to pay for your attorney fee.  No bankruptcy attorney will ever accept your credit card to file your bankruptcy because you are going to be discharging the debt on your credit card after you file your case.

Most bankruptcy lawyers will only accept a cash or a check, and sometimes will have a machine available to run a debt card.  Few attorneys will have a credit card machine to run a credit card from a family member or a friend of yours (not likely).

If you are thinking of filing for bankruptcy in Florida and would like to schedule a free consultation with a bankruptcy lawyer then please contact Shmucher Law, PL at 954.309.5559 or 305.741.5553.  We offer free bankruptcy consultations in any of our offices throughout South Florida including Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.

If you want to file for bankruptcy successfully then the first thing you should do is to find a bankruptcy lawyer.  The best way to find a bankruptcy lawyer is to ask someone to refer you to someone or look for one online.  If you find someone then try to find out a little information about them via the internet.  Usually Google, Avvo, or Yelp will have reviews about the attorney and or practice.  Once you meet with the attorney you will be quoted a price and while that price may be agreeable to you, you still may have a difficult time coming up with the funds.  So often times I get a question similar to the following “can I have my friend or family member pay for my attorney fees.”  The answer to that question is yes, you can personally pay your own fees, or you can have a friend or a family member pay for your fees.  Don’t expect a bankruptcy attorney to allow you to pay with a credit card, usually cash or a check will be the only method they accept.

If you are thinking of filing for bankruptcy and would like to speak with a bankruptcy lawyer then contact Shmucher Law, PL at 954.309.5559 or 305.741.5553.  We offer free consultations in any of our offices in South Florida including Miami, and satellite offices (by appointment) in Boca Raton, Fort Lauderdale, Plantation, and Sunrise Florida.

One of the most common issues that my clients have is that while they do want to file for bankruptcy, they don’t have the money to do so.  Here are some options on how you can get money to pay your attorney:

Payment Plan:

Most bankruptcy law firms will accept a payment plan, but this payment plan isn’t exactly what you think it is.  A chapter 7 bankruptcy attorney is NOT allowed to accept any money after filing the bankruptcy petition.  This payment plan works as follows: you meet with the bankruptcy attorney and set up a payment plan with the attorney.  The attorney will be working on your case and have it ready to file.  Upon you finish paying the agreed amount the attorney will be able to file your case.

Stop Paying Certain Bills:

If you know you are going to file for bankruptcy then there is no need for you continue to pay some bills.  Stop paying some of your unsecured debts, mostly your credit cards, and save that money to use for an attorney.  Don’t stop paying your utility bills, insurance, car payments (unless you are going to surrender), or mortgage (unless you are going to surrender).

Sell some Assets:

If you don’t have the necessary money in the bank then you could sell some of your assets in order to file for bankruptcy.  Don’t sell these assets at below fair market value or to friends and family members.  If you have an mutual funds or stock accounts then you could sell or liquidate them to pay for your bankruptcy legal fees.

Ask Friends and Family to Help:

If you cannot come up with the money on your own then it may be time to call upon your family and friends for a favor.  Inform them of your situation and ask them if they would be willing to help you out.

It is well worth the effort to come up with the money to pay for your bankruptcy legal fees.  Having your case done right with a successful outcome is well worth the price.

If you are thinking of filing for bankruptcy in Florida and would like to speak with a bankruptcy attorney then please contact Shmucher Law, PL at 954.309.5559 or 305.741.5553.  We offer free consultations in Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.

Clients who come to my office will always tend to ask me the following question… can I get a payment plan to pay your attorney fees if I file chapter 7 bankruptcy in Florida? The answer to this question is it depends.  Chapter 7 bankruptcy attorneys are NOT allowed to accept any money from a client after they have filed the client’s case.  That is why in all chapter 7 bankruptcy cases the attorney states that they must be paid up front, or before the filing.  So if you are looking for an attorney who will put you on a payment plan, file your bankruptcy, then continue to allow you to make payments after your case has been filed, you will be looking for a long time because they don’t exist.  However bankruptcy attorneys can work with you with regard to the fee.  Here is how I do it in my office.

If a client comes to see me, wants to file bankruptcy but doesn’t have enough money to do so I will put them on a quasi-payment plan.  In this plan the client will give me an initial down payment ranging from $100-$300.  When the client pays me this fee I can begin to work on their case, which will include running the client’s credit, determining what their assets are, as well as determining which of their assets will be exempted from creditors when the client chooses to file for bankruptcy.   After the initial deposit is made, the client will make any arrangements they can to come up with the rest of the money, whether it’s  monthly payments, bi-monthly payments, quarterly payments, etc… during this time I will continue to work on their file and have the bankruptcy petition ready to file when necessary.  Finally when the client has paid my attorney fee, I will review the petition with the client and then immediately file their case.

If you know someone who is looking to file for chapter 7 bankruptcy in the greater Miami, Fort Lauderdale, or Palm Beach county then please call Shmucher Law, PL at 954.309.5559 or 305.741.5553 to schedule a free initial consultation in one of our five conveniently located offices throughout Broward, Miami-Dade, or Palm Beach counties.