Filing for bankruptcy has long-term impacts on you, your assets, and your credit. Hiring an experienced bankruptcy attorney can help you better understand your debt situation, assess your legal options, and reach a fresh start without the risk and uncertainty of going alone.

In the District of Columbia approximately 30% of consumer bankruptcy litigants file pro se, meaning that they file for bankruptcy without the help of an attorney. Navigating bankruptcy alone routinely leads to higher costs, unnecessary delays, and worse outcomes, such as cases being dismissed, filing fees being forfeit, and litigants being barred from filing again in the near future. Nationwide, only 2.2% of pro se Chapter 13 debtors successfully complete a Repayment Plan, meaning the overwhelming majority do not receive a discharge.

If you are considering filing for bankruptcy, we’re here to help you along the way so you can avoid common pitfalls and expensive mistakes. Every Initial Consultation includes a discussion of the costs and benefits of the legal services we offer, so you can feel more confident in your choice of hiring an attorney.

The Initial Consultation is free of charge. If you file under Chapter 7 or 13, you may qualify for a flat fee of $2999 or $5499, respectively, which includes all necessary services except adversary proceedings (including student loan debt proceedings), appeals, and United States Trustee audits, if applicable. Otherwise, the standard hourly rate is $299 per hour and is calculated to the nearest tenth of an hour. An additional contingent fee arrangement of 29.9% is available for representation in student loan debt proceedings and is calculated based on how much student loan debt you are able to discharge.

You may also qualify for a discounted Chapter 7 flat fee ($1499.50), no upfront cost (besides filing fee) in Chapter 13 cases, and/or pro bono (no cost) services depending on your income.

You will also be responsible for paying the filing fee and property appraisal costs, if applicable. The fee to file under Chapter 7 is $338 and the fee to file under Chapter 13 is $310. A filing fee waiver and payment plan are available for low-income debtors. Credit counseling and debtor education costs are included in the flat fee.

We offer discounted and pro bono (no cost) services for qualified individuals in addition to our already competitive rates to give you the greatest value possible and ensure that legal services are available to all. Whether you qualify for discounted or no-cost legal services depends on your income:

Individuals whose annual income is less than 150% of the Federal Poverty Guidelines ($21,870 for single individuals without dependents) will qualify for free legal services through either the District of Columbia Bar Pro Bono Center’s Bankruptcy Clinic or the Bar Association of the District of Columbia’s Bankruptcy Access to Justice Project. Individuals whose income is less than 250% of the Federal Poverty Guidelines ($36,450 for single individuals without dependents) annually but do not qualify for free legal services are entitled to a 50% discount on legal services in Chapter 7 cases and no upfront cost (besides filing fee) in Chapter 13 cases.

Paying for an attorney while facing overwhelming debt may seem daunting, but we’re willing to work with you to provide legal services at a price you can afford.

Clients that file under Chapter 7 may decide to pay just 50% of the flat fee ($1499.50 or $749.50 with discount) at filing through a Dual Fee Agreement, paying the remainder after filing.

Clients that file under Chapter 13 may pay just $1499.50 at filing, paying the remainder over time as part of your Chapter 13 Repayment Plan.

Additionally, representation in student loan debt proceedings is available on a contingent fee basis, meaning you only pay for these services when student loan debt is successfully discharged.

Chapter 7 and Chapter 13 refer to two chapters of the Bankruptcy Code under which a debtor may file. A Chapter 7 is sometimes called a “Liquidation” bankruptcy whereas a Chapter 13 is sometimes called a “Repayment Plan” bankruptcy. Which chapter makes the most sense will depend on your income, assets, liabilities, and living expenses. In the District of Columbia approximately 60% of consumer bankruptcy cases are filed under Chapter 7.

By filing under Chapter 7, some or all of your unsecured debts can be discharged. Other debts, like student loan debt, may be non-dischargeable and will remain even after discharge. Your creditors are paid by selling (or “liquidating”) any nonexempt property you own. If the liquidation sale is insufficient to pay off the debts, the remaining deficiency can be discharged entirely. To qualify for Chapter 7 relief, your income and living expenses cannot exceed thresholds imposed by the Bankruptcy Code.

By filing under Chapter 13, some or all of your debts can be paid off over a period of three to five years through a Repayment Plan without liquidating your nonexempt assets. Monthly payments are calculated based on your income and living expenses. Upon completion of the Repayment Plan, most remaining debts are discharged.

When you file under Chapter 7, all nonexempt property you own becomes property of the estate and subject to liquidation to pay your creditors. It is critical to determine which property is exempt and which is not before you file under Chapter 7.

District of Columbia residents may choose between two sets of exemptions, one federal and one local, which exempt different kinds of property in different amounts. Maryland residents only have one set of exemptions and cannot use the federal set. After your Initial Consultation, you will be asked to complete a questionnaire that will help determine which set makes the most sense——or whether to file at all.

Under the DC Local Set, you may exempt the all the equity in a residence you own, up to $2575 in equity in an automobile, and up to $8925 in otherwise nonexempt assets. Under the Federal Set, you may exempt up to $25,150 in equity in a residence, up to $4000 in equity in an automobile, and up to $13,900 in otherwise nonexempt assets. You must have lived in the District of Columbia for at least two years to use the Local Set.

Under the Maryland Local Set, you may exempt up to $27,900 in equity in a residence you own; $5,000 in professional apparel, tools, instruments, and appliances; and $11,000 in otherwise nonexempt personal property.

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When deciding between the two sets of exemptions, you might want to keep certain nonexempt or partially exempt property, like your home or automobile. Under Chapter 7 you can choose between redeeming encumbered property by paying its full retail value or reaffirming the loan agreement, meaning the debt will not be discharged. Alternatively, you may choose to file under Chapter 13, reorganizing your debts without liquidating your nonexempt assets.

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Whether you qualify under Chapter 7 will depend on your monthly income, your monthly expenses, and the size of your household. For example, a single individual in the District of Columbia with less than $7,197.50 in monthly income will automatically qualify under Chapter 7. To qualify under Chapter 13, you must have a “regular income,” such as regular wages, and the total debt you owe cannot exceed $2,750,000. If you don’t qualify to file under either chapter, you may still be able to file under Chapter 11.

A debt that has been discharged through bankruptcy can no longer be collected. Creditors are prohibited from contacting you about or attempting to collect discharged debts. Discharge does not eliminate any liens on your property (e.g., a mortgage, automobile lien) and some debts, such as most student loan debts and reaffirmed debts, are non-dischargeable.

Unless a creditor objects to discharge, debts can be discharged under Chapter 7 as quickly as 60 days after the Meeting of Creditors, which occurs 20 to 40 days after you file for bankruptcy.

If your debts are primarily consumer in nature, you will be required to complete a mandatory Credit Counseling course from a qualified non-profit agency before you can file for bankruptcy. After you have filed for bankruptcy, you will be required to complete an additional Debtor Education course as well. The flat fee includes the cost of both mandatory courses.

Regardless of which chapter you file under, the Automatic Stay will halt nearly any lawsuit, foreclosure action, eviction action, wage garnishment, utility shutoff, or other debt collection activity with few exceptions. The Automatic Stay goes into effect as soon as you file bankruptcy——no hearing is required. The stay provides immediate relief for filers and puts almost any legal action against you before the Bankruptcy Court, at least temporarily. Because the Automatic Stay has immediate legal effect and is limited in duration, it is often at the center of the question of when to file for bankruptcy. You should consider the effects of the Automatic Stay prior to filing for bankruptcy to maximize its benefit to you and avoid unfavorable legal outcomes.

Section 341 of the Bankruptcy Code requires all Chapter 7 filers to attend the Meeting of Creditors 20 to 40 days after filing. Failure to appear may result in your case being dismissed and your filing fee being forfeited. The meeting allows the Bankruptcy Trustee and any creditors in attendance to ask you questions regarding the information you provided in your Petition and Schedules.

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You must provide the following:

Government-issued identification;

Evidence of your Social Security number;

Evidence of current income (e.g., paystubs for past 60 days);

Your two most recent tax returns;

Statements for all your depository and/or investment accounts; and

Statements of your current monthly income and living expenses (see forms).

A bankruptcy discharge may appear on your Credit Report and negatively affect your Credit Score for as long as ten years. A recent bankruptcy discharge can also prevent you from filing again in the near future. Under Chapter 7 you must wait eight years to refile after discharge while under Chapter 11 you must wait four.

Additionally, not all debts are dischargeable. Student loan debts, tax debts, government fines/penalties, domestic support obligations (e.g., alimony payments, child support payments), reaffirmed debts, and debts arising from fraud or from willful and malicious behavior may remain even after discharge. If your debts are mostly non-dischargeable, Out-of-Bankruptcy legal services are available to help you manage these debts without filing for bankruptcy.

Section 525 of the Bankruptcy Code protects filers in most job types from discriminatory or disparate treatment in hiring, promotions, advancements, and benefits due to bankruptcy. Additionally, government agencies cannot discriminate in the issuance of licenses, admission to public housing, and other government benefits on the basis of bankruptcy filing alone.

An Adversary Proceeding is a lawsuit filed in (or removed to) the bankruptcy court. The Federal Rules of Bankruptcy Procedure require that certain proceedings be brought by Adversary Proceeding, including determining whether a student loan debt can be discharged.

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Currently, all hearings in the Bankruptcy Court may be attended either in person or virtually via Zoom. In addition to the mandatory Meeting of Creditors, you may be required to appear (in person or virtually) if you apply to pay the filing fee over time or to waive it altogether.

The United States Bankruptcy Court for the District of Columbia is located within the E. Barrett Prettyman United States Courthouse at 333 Constitution Ave NW, Washington, DC 20001.

The United States Bankruptcy Court for the District of Maryland, Greenbelt Division, is located within the federal courthouse at 6500 Cherrywood Lane, Greenbelt, MD 20770.