The cost to file bankruptcy in New Mexico 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 $1250 – $1950, but the free bankruptcy cost calculator below should be able to estimate based on your exact city in New Mexico. 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 New Mexico 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 Albuquerque or Las Cruces. 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 New Mexico
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 New Mexico bankruptcy means test. As stated above, Chapter 7 bankruptcy attorneys in New Mexico can cost between $1250 – $1950. 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. Albuquerque vs Las Cruces
- 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 New Mexico.
Attorney Fees in Albuquerque
Albuquerque is the most populated city in New Mexico with a population of 560,218. Bankruptcy attorneys in Albuquerque can cost an estimated $1,500.
Attorney Fees in Las Cruces
Bankruptcy attorneys in Las Cruces can cost an estimated $1,250.
Attorney Fees in Rio Rancho
Bankruptcy attorneys in Rio Rancho can cost an estimated $1,250.
2. Chapter 13 Bankruptcy Attorney Fees New Mexico
Chapter 13 bankruptcy attorneys fees in New Mexico can cost $3,000. 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 New Mexico. 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).
New Mexico 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 New Mexico 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 New Mexico credit counseling courses and New Mexico 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:
District of New Mexico
- 333 Lomas Blvd NW
Albuquerque, NM 87102 - 421 Gold Ave SW
Albuquerque, NM 87102 - 100 N. Church Street
Las Cruces, New Mexico 88001 - 106 S. Federal Place
Santa Fe, NM, 87501 - 500 N. Richardson
Roswell, NM 88201
Will Inflation Affect the Cost To File Bankruptcy in New Mexico?
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 New Mexico.
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 Las Cruces or Rio Rancho or across New Mexico.
Would My Bankruptcy Cost Be Higher Albuquerque Than Rio Rancho?
You may live in a suburb in New Mexico and wonder if you should hire a local attorney or an account in a bigger city like Las Cruces to save on bankruptcy costs.
As Albuquerque has the highest population in New Mexico of 560,218, you may expect that the cost of bankruptcy attorney fees may be higher in Albuquerque than Rio Rancho.
While the cost may be higher in Albuquerque, 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 Albuquerque.
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 Las Cruces, and find attorney costs vary between two attorneys.
The Chapter 13 bankruptcy attorneys often charge the same amount regardless in Rio Rancho 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 New Mexico 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.
Leave a Reply