Just by simple definition alone, a debt-burdened consumer who files for bankruptcy is presumed doing so simply by reason of the fact that he or she has no money. Hence, what better proposition for a person who seeks this than for him or her to be able to file FREE bankruptcy! Is it any wonder, then, that a common question asked by many consumers who contemplate it, is often something having to do with filing a free one?
In deed, from this writer's personal perspective, a completely free bankruptcy, or at least a dirt cheap bankruptcy, should be the rule of the game. Being a basic constitutional right of American citizenship, it should NOT be expensive. Rather, the honest and qualified debtor should be able to file for bankruptcy without charge, or at least at a low-cost, cheap price that the debtor should afford.
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The central question for us here, therefore, is: How realistic or practicable within today's legal establishment, is the debtors' common question, Can I file bankruptcy for free?
PROSPECTS UNDER THE NEW LAW FOR NO-FEE BANKRUPTCY
Put very simply, the whole reality of the matter is that under the prevailing bankruptcy law and procedures that came into being since the passage of the new "reformed" law of October 2005 (commonly known as the BAPCPA law), the expectation, on the part of the debtor who seeks to file one today for a totally free bankruptcy, is almost totally unrealistic and unattainable for the average debtor. In deed, what the new law has done to the whole bankruptcy process, is that it has drastically added, not reduced, more and higher costs, especially the lawyers' costs, to filing bankruptcy for the filer. For example, the average bankruptcy lawyer's fees for the simplest Chapter 7 which used to be $750 to $1,000 before the 2005 law, is now in the range of $2,000 to $2,500 since the new law, while the lawyers' fees for Chapter 13 which used to be around $1,500 or less, is now in the range of $3,000 to $4,500. In addition, the court filing fees charged by the bankruptcy court to file the papers, have shut up significantly - by more than 33% of the pre-2005 law costs.
FREE BANKRUPTCY, A POSSIBILITY - BUT ONLY REMOTELY AND FOR VERY SELECT FEW
But is it possible, under any circumstances whatsoever today, for a debtor to file bankruptcy for free? In theory, yes. But, in practice, in the real world that most debtors have to operate in, the answer is absolutely NO! In theory, for the vast majority of over 1,000,000 debtors who file for bankruptcy these days every year, sure, a really proven, low income, cash-strapped debtor seeking to file bankruptcy could file for a court "waiver" to have the court waive the approximately $300 in court filing fees that are required, as well as other required costs for filing bankruptcy (for things such as Credit Counseling classes, debt management, etc.). However, for the average debtor, the hassles involved in being allowed such privileges, as well as the additional stringent conditions required for the debtor to qualify for them, are generally too cumbersome to the point that only just a handful really ever qualify for or use them. Hence, filing for bankruptcy for free, in the sense of not having to pay any of these various court filing and administrative fees, is merely a very remote possibility for only a very tiny few among bankruptcy filers.
And as to the prospect for free bankruptcy with respect to the lawyers' high legal fees for it? True, the lawyers' groups and bar associations have established some forms of pro bono or legal aid programs that are supposed to allow bankruptcy-seekers to file bankruptcy for free. However, in practice, only a mere handful of people qualify for such programs or ever use them. Hence, these days - unless you completely choose to file bankruptcy under some non lawyer option that is being adopted by a growing number of debtors today, by which you file without using an attorney - being able to file for bankruptcy for free without having to pay the attorneys' hefty legal fees, is also simply a remote, if impractical possibility for most filers.
DEBTORS' CURRENT OPTIONS ON COSTS - Free Bankruptcy Vs Low-Cost
A growing option for many American debtors to the closest thing to "free bankruptcy," is low-cost, cheap non lawyer BANKRUPTCY - that is, filing for it through the use of such methods as competent legal manuals and kits, credible and reputable debt relief agents and agencies and Full Service bankruptcy document preparers that specialize in bankruptcy filings. Contrary to the common notion often propagated by lawyers and bar organizations across the country, most bankruptcy cases are, in fact, really what is called no-asset situations, and are of the simple, straightforward garden variety kinds that readily lend such bankruptcies to being filed by the debtors themselves, without a lawyer or the lawyers' high legal fees for bankruptcy.
In short, the answer to the question: Can I file bankruptcy for free? Generally, NO. If you were to go about it the traditional way, which means having to hire an attorney for it, that notion is essentially out of the question. Call it a pipe dream, almost! On the other hand, however, you can use a non traditional alternative method (use of competent instructional manuals and kits, non lawyer bankruptcy specialists who specialize in preparation of bankruptcy papers for debtors at extremely low prices, and the like) to dramatically cut your cost for bankruptcy and reduce it to the point where filing for it will be affordable for you. And for you as a debtor, that will be, in the real world, the closest thing you'll ever get to a free bankruptcy or filing bankruptcy for free today in this super expensive post-2005-law bankruptcy era!
In sum, as to the answer to the question, 'Can I file bankruptcy for free?' That is a practical impossibility for the vast majority of American consumers filing for bankruptcy today. But, can you have cheap bankruptcy or low cost bankruptcy that will dramatically cut the cost down, if not completely eliminate it to zero? Yes. Possibly. You can, if you simply seek out that alternative method, and engage the services of reputable and competent agencies that deliver such services for debtors.
NEED MORE INFORMATION?
To conclude, if you are like most Americans (and chances are that you probably are!), you probably wish desperately to be able to file free bankruptcy, or, if that is not exactly possible, at least, a cheap and low-cost bankruptcy that is affordable? You can get follow-up and further information about this at this website: http://www.afford-bankruptcy.com/proSeBankruptcyTrend.html
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