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Bankruptcy Petition Preparation Pricing: Flat Fee or Hourly? A Guide for Bankruptcy Assistants

← All ArticlesBankruptcy Petition Preparation Pricing: Flat Fee or Hourly? A Guide for Bankruptcy Assistants

Pricing is the question every new virtual bankruptcy assistant asks first, and the one most likely to be answered badly. Charge too little and you burn out; charge too much, or in a way that confuses the attorney, and the work goes elsewhere. This guide explains the pricing models used in bankruptcy petition preparation pricing, how to combine them, and how to build a quote you can defend. It deliberately does not quote dollar amounts, because rates vary by market and change over time. For market context, see What Is a VBA's Going Rate?

Three bankruptcy petition preparation pricing models

ModelHow it worksBest for
Flat fee per petitionOne price for a standard Chapter 7 or Chapter 13 petitionPredictable, repeatable work. Attorneys can build the cost into the fee they quote clients
HourlyYou bill for time spentWork that is hard to predict: amendments, corrections, research, post-filing tasks
Tiered or add-onA base price plus set amounts for added complexityJoint filings, business debtors, large creditor lists, rush deadlines

Most successful assistants use a hybrid: a flat fee for the standard petition, hourly (or a stated add-on price) for everything beyond it.

Why a flat fee for the core petition

Attorneys quote their own clients a flat fee, so they want to know exactly what the petition will cost them. A flat price makes your service easy to buy and easy to budget. It also rewards you as you get faster: the more efficient you become with your software and process, the higher your effective hourly rate. Remember that your price is not a measure of your time alone; it is what the work is worth to a firm that saves staff hours and avoids errors. See 7 Reasons Attorneys Outsource Bankruptcy Petition Prep.

Why hourly for the unpredictable extras

A flat fee for a standard petition breaks down when the work isn't standard: a debtor who sends documents in pieces over six weeks, an attorney who changes the facts after drafting, a surprise creditor list three times the usual length. Billing hourly (or at stated add-on prices) for these keeps the base fee fair and protects you from unlimited revisions. Put the line in writing: “The flat fee covers one draft from a complete intake. Changes to the facts after the draft, additional creditors above a stated number, and amendments are billed at the hourly rate.”

A simple method to set your price

  1. Time yourself. For your first several petitions, track the hours from intake to finished draft, including research, valuation, and emails. Use the average, not your best day. Evaluate Your Cost-Per-Case shows how.
  2. Decide your target hourly rate. Think about what you need to earn after business costs (software, internet, insurance, taxes, and unpaid time spent on marketing and administration).
  3. Multiply. Target hourly rate × average hours gives you a starting flat fee for a standard petition. Add a margin for the unexpected.
  4. Check the market. Ask a few attorneys what they currently pay for outsourced petition work, or what their own staff time costs them. An attorney who already outsources will tell you their expectations. Don't underprice to win, and don't price in a vacuum.
  5. Set tiers. Establish clear add-ons for joint filings, business debtors, a large number of creditors, and rush turnaround.
  6. Review twice a year. As your speed and skills improve, your prices should too.

Rush work and emergency filings

If an attorney needs a petition fast, such as an emergency filing before a foreclosure sale, your time is more valuable, and you may have to displace other work. A rush surcharge is normal and fair. Define what counts as a rush (for example, completion in under a set number of business days) and state it in your agreement. See Emergency Bankruptcy Filing: A Preparer's Checklist.

Payment terms that protect you

  • Define when payment is due. Many assistants invoice on delivery of the draft, with a short payment window, rather than waiting for the case to be filed or the client to pay.
  • Consider a deposit or minimum fee for new clients and for larger projects.
  • Put it all in a written agreement that covers scope, fees, revisions, deadlines, confidentiality, and that all work is subject to attorney review.

What to do when an attorney says your price is too high

Don't drop your price right away. Ask what they are comparing it to. Often the real comparison is their own staff time, and your quote looks different when you add what a petition really costs to produce in-house, plus the value of fewer errors. Offer to start with one petition so they can see the quality, and explain what is included in your fee. Our post Do They Say Your Prices Are Too High? goes deeper.

Keep pricing and legal advice separate

Pricing a service for an attorney is a business matter. But how a debtor is charged by an attorney, and what fees a non-attorney may charge a debtor directly, are regulated by law and vary. If you work for attorneys, your invoice goes to the attorney, not the debtor. Preparers who work directly with debtors have additional disclosure rules. See What Is a Bankruptcy Petition Preparer? and Unauthorized Practice of Law.

Price with confidence by building real skill. Our Chapter 7 & 13 training and certification system teaches you to draft quickly and accurately, which is what supports a premium price. The How to Quickly Grow a Bankruptcy Document Service bonus covers the business side.

Frequently asked questions

Should I charge the same for Chapter 7 and Chapter 13?

Usually not. Chapter 13 plans involve more calculations and more variables, so many assistants price them separately.

Can I charge by the hour only?

You can, but attorneys often prefer predictable pricing for standard work. A hybrid usually works best.

Should I discount for volume?

It can be reasonable once a firm sends steady work, as long as the discount reflects real efficiencies, not a race to the bottom.

This article is general education, not legal or tax advice. Rules about who may charge what to whom vary by state and role. Confirm with the supervising attorney and your own advisors. Questions about 713 Training? See the FAQ.

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