How Much Is It to File Bankruptcy? Explore Chapter 7 and 13 fees, legal costs, payment options, and ways to reduce expenses.
Bankruptcies filed in the US include court filing costs as well as any legal counsel, mandated financial education classes, and various other expenses connected to the case.
This total cost will vary based on what chapter the bankruptcy is filed under, whether an attorney is involved, if a filing-fee waiver is available, and the direct costs of your case.
Planning to file for chapter 7 or chapter 13? Learn about the filing fees and ways you can pay to get your bankruptcy case started under Personal Law.
How Much Does Filing for Bankruptcy Cost?
There are different fees based on what chapter you file in bankruptcy. Court fees may be assessed in addition.
The regular fee to file a bankruptcy case under 28 U.S.C. 1930, as well as the miscellaneous fee schedule that applies to U.S. Courts Bankruptcy Court is:
| Bankruptcy Chapter | Statutory Filing Fee | Additional Standard Court Charges | Total Initial Court Fee |
| Chapter 7 | $245 | $93 | $338 |
| Chapter 13 | $235 | $78 | $313 |
| Chapter 12 | $200 | $78 | $278 |
| Chapter 11, non-railroad case | $1,167 | $571 | $1,738 |
Chapter 7 gets the $93 because it has $78 for an admin fee and $15 for a trustee fee. Chapter 13 and Chapter 12 each includes a $78 admin fee. The non-railroad Chapter 11 total that is not listed above would be $571 for admin.
These figures reflect usual starting court charges, not the total to complete a bankruptcy case. Attorney fees, course fees and other costs can add up.
Some other Chapter 11 cases (not including Subchapter V cases) are also subject to quarterly fees imposed by 28 U.S.C. 1930(a)(6). This QSF is apart from the filing fee and is set by statute.
How Much Does Chapter 7 Bankruptcy Cost?
The Chapter 7 bankruptcy standard initial Court Fee is $338. It consists of:
- $245 in statutory filing charges.
- $78 in admin fees.
- $15 in trustee fees.
These figures also do not account for lawyer’s fees or financial education courses.
Chapter 7 the trustee may use nonexempt property to pay a creditor in the amount owed, under applicable law. How a debtor’s property is affected varies based on the facts of the case and the exemptions invoked. See 11 U.S.C. 704 for the Chapter 7 trustee’s duties.
Can You File Chapter 7 Free?
If you qualify, you may ask for a waiver of the filing fee.
The court may waive the filing fee for an individual Chapter 7 case when it finds that the individual income of the filer is below 150% of the applicable poverty guideline and the individual is unable to pay the fee in installments, as allowed under 28 U.S.C. 1930(f)(1).
The threshold of income does not ensure that it will be approved. It is up to the court to decide whether the conditions of the law have been fulfilled.
Applicants may consult Official Form B 103B, Application to Have the Chapter 7 Filing Fee Waived.
A fee waiver is not the same as free legal representation. A fee waiver is limited in scope under 28 U.S.C. 1930(f) and related court rules.
How Much Does Chapter 13 Bankruptcy Cost?
The Chapter 13 bankruptcy filing fee is $313, which includes the statutory filing fee of $235 and the administrative fee of $78.
In chapter 13, the court usually permits someone with a steady income who qualifies to develop a plan that will be administrated by a bankruptcy court. The plan payments are beyond the filing fee, and they can vary in amount according to the case and the plan requirements.
Attorney Fees May apply. Statutes for filing fees in federal courts do not provide a flat rate for private attorneys in all jurisdictions.
This statutory fee-waiver provision, 28 U.S.C. 1930(f)(1)… Applies to certain individual Chapter 7 cases. Do not automatically assume that the same waiver applies to Chapter 13. Voluntary bankruptcy petitioners who qualify can ask to pay the fees in installments.
Can You Pay Bankruptcy Filing Fees in Installments?
Yes. 28 U.S.C. 1930(a) brings a means for a person who files for voluntary bankruptcy or who files a joint petition for bankruptcy to ask the court for a fee installment plan.
People can access the Official Form B 103A, Application for Individuals to Pay the Filing Fee in Installments. Applicants must adhere to the instructions of the applicable court and any payment schedules set up by the court. Installments divide the debt over time but don’t lessen the debt.
How Much Do Bankruptcy Lawyers Charge?
Filing fees are set by the federal statutes in bankruptcy court though there is no national standard court fee schedule for private attorneys. Attorney fees. Do your own attorney fee research. There is not a proven range of attorneys’ fees across the country in this guide.
Compare lawyers and ask for a written explanation of the entire fee, how it covers legal services, any additional expenses, and the ways the fee can be paid. Review estimates on the same chapter of bankruptcy for the same category of matter.
If a quote excludes court fees or additional services, it should not be directly compared with one that includes them unless those differences are taken into account.
Legal aid if you do not have the money for a lawyer, you may be able to get free legal help. The United States Courts’ information on cases without lawyers offers advice on representing yourself and securing legal aid.
Can You File Bankruptcy Without an Attorney?
Pro se Filing- A person can file bankruptcy without representation by an attorney.
But, just because you file without an attorney doesn’t mean there won’t still be court costs or rules you need to follow in bankruptcy.
The federal courts warn that bankruptcy calls for careful preparation. Mistakes or misunderstandings can affect a person’s, legal, rights, and property.
You have to use the Bankruptcy Code, the Federal Rules of Bankruptcy Procedures and local court rules. Some courts have local bankruptcy forms apart from national bankruptcy forms.
Is your case about property, disputed debts, business interests, tax questions. or something else that could use a lawyer’s advice?
Do You Have to Pay for Bankruptcy Counseling Courses?
In most cases, you need to meet two financial education requirements, with exceptions prescribed by law.
Credit Counseling Before Filing
As 11 U.S.C. 109(h), credit counseling is generally required within the 180 days before an individual files a bankruptcy petition. There are a few statutory exceptions to this rule.
The case could be compromised if the requirement is not achieved.
Debtor Education After Filing
Bankruptcy debtor education is a distinct course typically required after filing to qualify for discharge, with exceptions.
Resource from the US Department of Justice, credit counseling and debtor education guidance explaining the requirements and where to find approved providers.
Providers should let you know about their fees, as well as any fee waiver or fee reduction policy. Your financial situation could qualify you to be offered free or lower-priced services.
Ask for course fees from an approved provider. This guide does not set out a verified rate of course fees in a nationwide range.
Are Bankruptcy Filing Fees Different in Each State?
The main bankruptcy filing costs are defined under federal law. There are no separate state-imposed bankruptcy petition fees.
Yet, local filing and court rules and filing forms and procedures can vary between federal judicial districts. And attorney fees and other private-service fees should be checked separately.
The reader should be able to find their federal bankruptcy court that has jurisdiction over their case directly. U.S. Courts bankruptcy resources give a basic idea of the process and the federal court system.
What Other Bankruptcy Costs Should You Consider?
Cost Break Down Based on the case, these could be:
- Attorney fees.
- Credit counseling and debtor education courses.
- Fees for extra filings or work at the court.
- Expenses for document and financial-record preparation.
- Payments that must be made per a Chapter 13 repayment plan.
- Other quarterly fees in some Chapter 11 cases.
Not all costs are relevant in every situation. A Chapter 13 repayment plan payment, for instance, is separate from the original filing fee.
Before filing, separate out initial court fees from private-service fees and any future required payments. Identify what portions are static, what according to a person’s particular situation… And what still needs a provider quote.
How are Bankruptcy expenses Handled?
- Determine if you are eligible for a fee waiver. File for a fee waiver if you qualify when filing Chapter 7.
- Inquire about payment plans. If the filing fee is not affordable all at once… Use the court’s standard application for payment plans and the local court procedures.
- Compare attorney quotes Obtain written fee quotes and ask what services are included.
- Verify course prices. Contact our approved providers and inquire if they can give discounts or waive fees.
- Discover free legal service. If you are not able to hire a private lawyer, verify if you are eligible for free legal services.
- Official court instructions be sure of fee schedule and requirements in your district before filing.
They can be useful for decision making in the planning stages, but may not ensure that all expenses are eliminated.
Frequently Asked Questions
What Is the Cheapest Way to File Bankruptcy?
Filing without an attorney will avoid attorney fees but does not guarantee the cheapest total cost. Court and filing fees still apply unless you qualify for a fee waiver or other relief. You will be proceeding at your own legal risk.
Can I File Chapter 7 Bankruptcy If I Have No Money?
You can obtain a waiver of the bankruptcy filing fees in the bankruptcy court if you satisfy the legal conditions. Whether you qualify for bankruptcy is a different question.
Can I Pay My Bankruptcy Filing Fee Later?
If an individual files a voluntary bankruptcy petition, that person may request the fee be paid in installments. Comply with filing and payment deadlines of the applicable bankruptcy court.
Does the Filing Fee Include the Lawyer?
No. Filing fees for court cases and private attorney fees are different.
SAME FILING FEES FOR CHAPTER 7 AND CHAPTER 13?
No. The standard filing fee found on the schedule of fees we reviewed for this guide is 338 dollars for Chapter 7 and 313 dollars for Chapter 13.
Will I Have to Pay for Credit Counseling?
Approved providers are required to list their fees, with any fee discounts. Free or lower-cost services are available based on your financial status. Verify what fees are currently in place with an approved provider.
Key Takings
File bankruptcy cost Filing for bankruptcy involves more than simply paying the court fee. Various factors, like what chapter of bankruptcy you filed and how much legal help you received, can influence the final cost.
In this guide, the fee to file a Chapter 7 is $338 and to file a Chapter 13 is $313. You can make a request to pay your fees in installments and certain eligible Chapter 7 filers can ask for a fee waiver.
Any variations in these figures should be verified with the approved fee schedule, shortly before publication. This guide does not set up a validated nationwide range of attorney fees or a single average total price.
Additional Resources
- Bankruptcy Court Miscellaneous Fee Schedule: Official source for bankruptcy filing fees, administrative fees, and trustee fees.
- U.S. Courts, Chapter 7 Bankruptcy Basics: Explains Chapter 7 costs, fee waivers, installment payments, and the bankruptcy process.
- U.S. Courts, Chapter 13 Bankruptcy Basics: Covers Chapter 13 filing costs, repayment plans, eligibility, and procedures.