San Diego Bankruptcy Attorney

Some firms quote a small fee up front, but end up charging more later for extras and/or have your petition prepared by clerks or third party petition preparers.  So ask questions and read the fine print.  Will the same attorney who has met with you, prepared your petition, and knows your case inside out, be attending the creditor's meeting with you?  Or will an appearance attorney who you have never met call you by your name? 

TLC DOES NOT charge extra for rescheduling appointments, keeping your file open while giving you opportunity to make payments, negotiating on reaffirmation agreements, responding promptly to phone calls from you when you have questions. 

The legal fee charged by Tokarska Law Center is for actual ATTORNEY work and time, NOT an outside petition preparing firm or clerical staff.  Your entire case from start to finish is evaluated, prepared, and filed by a licensed attorney, your attorney from start to finish.

Let's face it.  You want your case handled properly but paying for professional service is difficult.  If you are disabled, receiving social security, or unemployed, please call for special consideration.  Generally, legal fees range between $1,400-$2,000, depending on the complexity of the case.  But everyone deserves a fresh start. 

Why do you list a range and not a set amount? 

Once your case is evaluated, a fee based on the complexity of your case can be established. Of course the fee depends on how much time and effort your case requires.  Some factors that make a difference are:

(1) whether you self-employed or a wage earner

(2) what types of creditors you have

(3) how many creditors you have

(4) do you hold real estate, are you current on your payments?

(5) do you have additional secured debt? car loans, tax debts, liens, child support obligations

(6) does your income exceed the CA Median Income for your household?

Understandably payment can be problematic.  When other firms advertise, $99 starts your case, they mean they will give you a consultation and organize your file.  It does not mean they will file your case until of course a full fee payment is made.  Why is that?  Because unpaid legal fees are debt and as such are dischargeable right along with the other debt.  Advertised payment plans mean you can make payments as you are getting ready to file.

What is included in the fee: pre-filing advice, review of documents, petition preparation, review and signing of petition, expeditious filing, submitting documents to the Trustee in a timely manner, negotiation on reaffirmation agreements, executing reaffirmation agreements, representation at the Creditors' Meeting (the attorney you hire who is familiar with your case is the same one who will attend the meeting with you, not a fill in appearance attorney), ensuring the case is closed once discharge is obtained.

As is generally the case, the fee does not include: adversarial representation in court, which is not expected but could come up under certain circumstances.  Such representation is available for additional fee.  Industry practice provides that such legal representation is generally not included in the fees quoted for general bankruptcy filing.  Majority of cases filed are handled without any adversarial action.  While no ethical attorney could make guarantees as to dischargeability of all of your debt, your cases will be evaluated for issues that could be problematic.  If such issues exist, you will be well informed of the risks.

Please Note:  Some firms quote a small fee up front, but end up charging later for extras  or have your petition prepared by clerks or third party petition preparers.  So ask questions, and read the fine print.  TLC DOES NOT charge extra for missing appointments, keeping your file open giving you a chance to make payments, negotiating on reaffirmation agreements, having to take more than one or two phone calls from you when you have questions.

The legal fee charged by Tokarska Law Center is for actual ATTORNEY work and time, NOT an outside petition preparing firm or clerical staff.  Your entire case from start to finish is evaluated, prepared, and filed by a licensed attorney, your attorney from start to finish.

Here, $600 to start is actually more applicable.  The industry fee standard is $3,300 with additional charge of $450 for lien stripping of second mortgage.  However your case may be filed with a $600 retainer and the rest of the fee would be paid out of the Chapter 13 repayment plan.  So it costs less up front and more in the back.  However, Chapter 13's are generally very work intensive through the preparation process and the confirmation.  At minimum, there will be at least two appearances, one at the creditor's meeting and another at the court confirmation.  In between there may be many communications with you and the Trustee.

The legal fee includes: pre-filing advice, review of documents, petition preparation, preparation of a repayment plan, review and signing of petition, expeditious filing, submitting documents to the Trustee in a timely manner, negotiation on reaffirmation agreements, executing reaffirmation agreements, representation at the Creditors' Meeting, representation in Court for confirmation of the Chapter 13 plan.

The Fee does not include: adversarial representation in court, which is not expected but could come up under some circumstances.  Such representation is available for additional fee.  Industry practice provides that such legal representation is generally not included in the fees quoted for general bankruptcy filing.  Majority of cases filed are handled without adversarial action.  While no ethical attorney could make guarantees as to the dischargeability, your cases will be evaluated for issues that could be problematic.  If such issues exist in your case you will be informed of the risks associated with filing.