The cost to file bankruptcy in West Virginia is $338 for a Chapter 7 bankruptcy and $313 for a Chapter 13 bankruptcy based on that US bankruptcy court fee schedule.
That said, are you going to hire an attorney? Are you going to apply for a fee waiver?
As of 2024, we found that the Chapter 7 attorney fee range can cost between $950 – $4300, but the free bankruptcy cost calculator below should be able to estimate based on your exact city in West Virginia. We got this information from spending approximately $1,000 on PACER, which is public records database that contains bankruptcy attorney fees.
If you are like me, you probably wonder how you can afford the cost of bankruptcy in West Virginia when it’s difficult to pay bills, especially starting in 2024 as interest rates and inflation are still an issue. Thankfully, most bankruptcy attorneys near you provide initial free consultations and take payment plans to help you afford your bankruptcy.
Many bankruptcy costs such as the filing fee and the credit counseling courses are relatively similar. That said, the cost of bankruptcy attorney fees may range dramatically whether you are in Charleston or Huntington. The purpose of this article is to provide you with estimated all-in costs:
- Bankruptcy Attorney Fees
- Bankruptcy Filing Costs
Estimate the All-In Bankruptcy Cost in Your Zip Code
1. Bankruptcy Attorney Fees West Virginia
A Chapter 7 Bankruptcy is often less expensive than Chapter 13 bankruptcy. That said, you often have to qualify for a Chapter 7 bankruptcy based on the West Virginia bankruptcy means test. As stated above, Chapter 7 bankruptcy attorneys in West Virginia can cost between $950 – $4300. The cost may increase or decrease based on the following factors:
The bankruptcy lawyer cost is often based on the following attributes:
- Which type of chapter you are filing (i.e. Chapter 7 vs Chapter 13)
- The complexity of your case (i.e. no asset vs asset)
- Your location (i.e. Charleston vs Huntington
- Level of attorney connection
- Attorney expertise (i.e. how many years of experience)
Here are some of the ranges of cost in major cities in West Virginia.
Attorney Fees in Charleston
Charleston is the most populated city in West Virginia with a population of 47,215. Bankruptcy attorneys in Charleston can cost an estimated $1,500.
Attorney Fees in Huntington
Bankruptcy attorneys in Huntington can cost an estimated $1,500.
Attorney Fees in Morgantown
Bankruptcy attorneys in Morgantown can cost an estimated $1,000.
2. Chapter 13 Bankruptcy Attorney Fees West Virginia
Chapter 13 bankruptcy attorneys fees in West Virginia can cost $3,500. The fee can depend on the district.
While Chapter 7 attorney fees have variability, many Chapter 13 fees are relatively similar based on no-look fees, a reasonable cost for the service provided. You may still want to see whether the attorney charges an hourly rate for any additional work after filing the Chapter 13
3. Bankruptcy Filing Costs
Bankruptcy filing costs are pretty similar across the United States, not just West Virginia. Here are the other costs to consider.
Bankruptcy Filing Fees
The US Courthouse has a fee schedule and a bankruptcy form that provides the filing fee.
The Chapter 7 bankruptcy filing fee is $338 ($245 filing fee $78 administrative fee + $15 trustee surcharge).
The Chapter 13 bankruptcy filing fee is $313 ($235 filing fee + $78 administrative fee).
West Virginia Filing Fee Waiver Guidelines
| # of People | 150% Poverty Guideline |
|---|---|
| 1 | $15,060 |
| 2 | $20,440 |
| 3 | $25,820 |
| 4 | $31,200 |
| 5 | $36,580 |
| 6 | $41,960 |
| 7 | $47,340 |
| 8 | $52,720 |
| 9 | $58,100 |
| * Add $5,380 for each individual in excess of 9. | |
Mandatory Course Costs
When you file bankruptcy, you have to take an approved credit counseling course in West Virginia and a debtor education course. You can often take both courses online. The average cost may is around $10 to $50 per course. Please note that the courses must be approved, so here is the list of approved West Virginia credit counseling courses and West Virginia debtor education courses that should also have the cost associated with the course.
Miscellaneous Costs
You may have to pay for transportation to the meeting of creditors at the courthouse, but most 341 meetings of creditors are still online even after COVID. You may also have to pay for a credit report for your attorney (although they may be able to help you with the credit report).
You can estimate the cost of transportation to one of the bankruptcy courts below:
Northern District
- 500 West Pike Street, Room 301
P.O. Box 2857
Clarksburg, WV 26302 - P.O. Box 1518
300 Third Street
Elkins, WV 26241 - 217 W. King Street
Room 102
Martinsburg, WV 25401 - 1125 Chapline Street
P.O. Box 471
Wheeling, WV 26003
Southern
- 601 Federal Street,
Room 1000
Bluefield, WV 24701 - Robert C. Byrd United States Courthouse
300 Virginia Street, East, Suite 2400
Charleston, WV 25301 - Sidney L. Christie Federal Building
845 Fifth Avenue, Room 101
Huntington, WV 25701 - 110 North Heber Street,
Room 119
Beckley, WV 25801
Will Inflation Affect the Cost To File Bankruptcy in West Virginia?
With subsiding inflation in 2024, a question I’ve heard is whether inflation will slow to the extent that attorney fees may not rise. Let’s cover whether inflation may affect the filing fee and the attorney costs in West Virginia.
The Chapter 7 bankruptcy filing fee was updated from $335 to $338, and the Chapter 13 bankruptcy filing fee was updated from $310 to $313 effective December 1st, 2020. Based on the very slight change, I would not expect the filing fee to negatively impact you.
You may see some inflation in attorney fee costs as inflation may force bankruptcy attorneys to pay more to employees and face higher costs of living themselves in cities such as Huntington or Morgantown or across West Virginia.
Would My Bankruptcy Cost Be Higher Charleston Than Morgantown?
You may live in a suburb in West Virginia and wonder if you should hire a local attorney or an account in a bigger city like Huntington to save on bankruptcy costs.
As Charleston has the highest population in West Virginia of 47,215, you may expect that the cost of bankruptcy attorney fees may be higher in Charleston than Morgantown.
While the cost may be higher in Charleston, there also may be more bankruptcy attorneys increasing competition and dropping prices. So, you actually could find that the total cost to file bankruptcy including bankruptcy fees could be actually much higher in your city than in Charleston.
One thing to be aware of is that most bankruptcy attorneys offer free bankruptcy consultations, so you can get multiple perspectives. Also, our bankruptcy cost calculator below takes into consideration those variables when providing you with an all-in cost estimate.
Why Do Some Attorneys Charge Higher Chapter 7 Bankruptcy Fees?
You may compare prices from two different bankruptcy attorneys in Huntington, and find attorney costs vary between two attorneys.
The Chapter 13 bankruptcy attorneys often charge the same amount regardless in Morgantown due to the no-look fee (a normal fee for the services provided). That said, the Chapter 7 bankruptcy attorney fee can vary greatly, so it’s important to understand what you are getting for the additional cost.
For example, let’s say you make $10,000 above the median income for West Virginia and still want to file a Chapter 7 bankruptcy. The attorney may then have to spend additional time looking over your expenses to see whether you would qualify for a Chapter 7 even though you are above the median. Additional attorney time generally means a higher overall bankruptcy cost.
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