How Much Does It Cost to File Bankruptcy?

By Mike G.

Filing bankruptcy costs $338 in court fees for Chapter 7 and $313 for Chapter 13.^[1][3] On top of that come two required courses and, for most people, an attorney. Attorney fees are extra, and they’re the cost that varies most.^[21]

This page explains each cost nationally, what changes it, and the ways it can be lower. For how the two chapters work, see the bankruptcy guide.

The costs at a glance

Sources for the table: the court fees come from federal law and the federal courts’ fee schedule.^[1][2][3] The rest are explained, with sources, below.

Court fees

The court fees are set nationally, so they’re the same in every bankruptcy court. They have three parts. The filing fee is set by federal law.^[2] The administrative fee and the Chapter 7 trustee surcharge are set by the federal courts’ fee schedule.^[1] The amounts on this page are from the schedule that took effect December 1, 2023. Fees change periodically, so the current fee schedule and your bankruptcy court’s website are the places to confirm them.

A married couple filing one joint case pays one set of fees, not two.^[4][5] If the fees go unpaid, the case can be dismissed.^[4][5]

The two required courses

With limited exceptions, everyone who files takes two courses:^[8]

• Credit counseling, within 180 days before filing.^[11]
• A debtor education course, after filing and before the discharge.^[8]

Both have to come from a provider approved by the U.S. Trustee Program. It publishes the approved lists by state and judicial district.^[8][24] In Alabama and North Carolina, the court’s bankruptcy administrator handles this instead.^[24]

Each provider sets its own price. Approved providers must offer the courses free or at a reduced rate to people who can’t afford them. If your household income is below 150% of the federal poverty guidelines, you’re presumed to qualify for a waiver or reduction.^[9][10] The program presumes a fee of $50 or less is reasonable, and a provider needs its approval to charge more.^[9][10] Providers can charge separately for the certificate, but must disclose all fees before the session starts.^[9]

Many approved agencies also offer counseling for people who aren’t filing, which the U.S. Trustee Program doesn’t review.^[24] Our credit counseling guide explains how those programs work.

Attorney fees

Attorney fees aren’t set nationally. They vary by area and by how complicated the case is. Things that tend to affect the price include whether your income is above your state’s median, whether you own a home or other property with equity, whether you’re being sued or garnished, and whether you’ve filed before.

Whatever the amount, your attorney has to file a statement with the court showing what you paid or agreed to pay. If the fee is more than the work was reasonably worth, the court can cancel the agreement or order money returned.^[17]

Chapter 7: usually paid upfront

In Chapter 7, attorney fees are usually paid before the case is filed.^[12] So the whole attorney fee, plus the court fee unless it’s paid in installments or waived, has to be in hand at the start.

Chapter 13: often paid through the plan

In Chapter 13, some or all of the attorney fee can be paid through the repayment plan.^[12] The trustee pays it out of your plan payments, along with other administrative costs.^[15] That means less cash is needed upfront.

Many bankruptcy courts set a “no-look” or “presumptively reasonable” Chapter 13 fee. An attorney who charges that amount or less generally doesn’t need to file a detailed fee application, unless someone objects. The amount is set by each court, so it varies by district. Two examples:

• The Central District of California allows up to $7,000 for most cases, or $8,500 if the debtor runs a business, for cases filed on or after May 1, 2024.^[13]
• The Northern District of Mississippi set its no-look fee at $4,600 for cases filed on or after May 1, 2025.^[14]

Your district’s figure, if it has one, is usually in the local rules or general orders on your bankruptcy court’s website.

Chapter 13 also carries the trustee’s fee. The standing trustee takes a percentage of each plan payment. The Justice Department sets it, and the law caps it at 10%.^[15][16]

Chapter 7 vs. Chapter 13: how the costs differ

• Court fees are close: $338 vs. $313.^[3]
• Fee waiver: only available in Chapter 7.^[2]
• Timing: Chapter 7 attorney fees are usually due before filing. Chapter 13 fees can be spread over the plan.^[12]
• Ongoing costs: Chapter 13 plans last three to five years, and the trustee’s percentage comes out of every payment.^[5][16]

Ways the cost can be lower

• Paying the court fee in installments. Individual filers in either chapter can ask to pay in up to four installments, using Official Form 103A. The last one is normally due within 120 days of filing, and a court can extend that to 180 days for cause.^[4][5][6] Until the fee is paid in full, you can’t make further payments to an attorney or petition preparer for the case.^[6] Debts aren’t discharged until the whole fee is paid.^[3]
• A Chapter 7 fee waiver. The court can waive the fee if your family’s income is below 150% of the official poverty guidelines and you can’t pay even in installments. The application is Official Form 103B.^[2][7] The court may grant it, hold a hearing, or require installments instead.^[3]
• A free or reduced-fee course. See the course section above.^[9][10]
• Legal aid. If your income is low, a legal aid organization may be able to help for free. The Legal Services Corporation has a locator for the programs it funds.^[19]
• Pro bono and referral services. The federal courts point people who can’t afford an attorney toward free legal services and the American Bar Association’s legal help resources.^[18] State and local bar associations often run lawyer referral services.^[12]
• A free first consultation. Some bankruptcy attorneys offer one.^[22]
• Filing without a lawyer. It’s allowed, and it removes the largest cost, but it shifts every step to you. Our guide to filing bankruptcy without a lawyer covers when that’s workable.

Other costs

Credit reports help build a complete list of creditors, which matters because a debt left off the forms may not be discharged. You can get your own reports free from each of the three nationwide bureaus every week at AnnualCreditReport.com.^[23] Beyond that, the main cost is time: the forms ask for your income, expenses, property, debts and recent financial transactions, so pay stubs, tax returns and bank statements need gathering either way.^[4]

Red flags

• A petition preparer who gives advice. Bankruptcy petition preparers can type your forms, but by law they can’t give legal advice, such as which chapter to file or whether you’ll keep your property.^[18][20]
• A preparer who takes your court fee. They’re not allowed to collect it. They also can’t advertise under “legal” categories, and must sign any document they prepare.^[20] A court can take back any preparer fee that exceeds the value of the work.^[20]
• A “debt relief” company that charges before it settles anything. The FTC says only scammers collect fees before settling any of your debts.^[21][22]
• A course provider that says its fee is required by law. Approved providers can’t claim their fees are federally mandated.^[9]

Frequently asked questions

Related

• Bankruptcy: Chapter 7 vs. Chapter 13
• The bankruptcy means test, explained
• Can you file bankruptcy without a lawyer?
• Debts bankruptcy can’t erase
• How to rebuild credit after bankruptcy

Sources