The court filing fee to file bankruptcy is set by federal statute and is the same in every bankruptcy court in the country. That number surprises most people — it’s lower than they expected for a federal legal process. What catches people off guard is everything beyond the filing fee: the mandatory credit counseling courses, the attorney fees if you hire one, and the case costs that accumulate before a discharge is entered. This article breaks down every cost category so you can budget realistically before you file.
Key Takeaways
- The federal court filing fee for Chapter 7 bankruptcy is $338 and for Chapter 13 is $313 — these are uniform nationwide and set by 28 U.S.C. § 1930
- Fee waivers are available for Chapter 7 filers whose income is below 150% of the federal poverty line; Chapter 13 filers cannot get the fee waived but can pay in installments of up to four payments
- Attorney fees are the largest variable cost — ranging from $1,000–$3,500 for a Chapter 7 to $3,000–$6,000 for a Chapter 13, though you can file without an attorney
The Court Filing Fee: The One Cost That’s the Same Everywhere
The current filing fee for Chapter 7 cases is $338, which includes a $245 filing fee, a $78 administrative fee, and a $15 surcharge. The current filing fee for Chapter 13 cases is $313, which includes a $236 filing fee and a $78 administrative fee.
These amounts are set by federal law under 28 U.S.C. § 1930 and the Bankruptcy Court Miscellaneous Fee Schedule. They do not vary by state or district — a Chapter 7 filed in Texas, California, New York, or anywhere else costs $338 at the clerk’s window.
The filing fee is due when you submit your petition. If you cannot pay the full amount at once, two options exist:
Installment payments: An individual debtor may file an Application to Pay Filing Fee in Installments. Up to four payments may be made, with the final payment due no later than 120 days after the filing of the petition. Some courts require a minimum first payment — for those who file petitions under Chapter 7 or 13 seeking authority to pay the filing fee in installments, an initial minimum installment payment of $100 of the total filing fee shall be made with the installment application, or within 14 days thereafter.
Fee waiver (Chapter 7 only): An individual debtor who files under Chapter 7 and meets certain eligibility requirements may apply for an Application for Waiver of Chapter 7 Filing Fee. By law, the judge may waive the fee only if your income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments. Chapter 13 filers cannot obtain a fee waiver — only installment payments are available for that chapter.
Mandatory Credit Counseling and Debtor Education Fees
Beyond the court filing fee, two required courses must be completed — one before filing and one after — each carrying its own fee.
Pre-filing credit counseling: Federal law requires completion of a credit counseling course from an approved agency within 180 days before filing. Approved agencies typically charge $20–$50 for this course. Some agencies offer fee waivers for low-income filers.
Post-filing debtor education course: After filing but before discharge, a debtor education (financial management) course is required. This typically costs $20–$50 as well. Skipping this step is one of the most common reasons discharges are delayed — the certificate must be filed with the court before the case closes.
Total mandatory course costs: $40–$100 for both courses combined, with fee waivers available from most approved agencies based on income.
Attorney Fees: The Largest Variable
You are not required to hire an attorney to file bankruptcy. Many people file pro se (representing themselves), particularly in straightforward Chapter 7 cases. That said, attorney errors in bankruptcy petitions can result in case dismissal, loss of exempt assets, or denial of discharge — consequences that dwarf the cost of professional help.
Chapter 7 attorney fees: A typical Chapter 7 attorney fee runs $1,000–$3,500 depending on your location, the complexity of your debts, and whether any disputes arise with the trustee. Attorneys in major metropolitan areas charge more; attorneys in smaller markets charge less. The bankruptcy attorney fee is usually charged as a flat fee rather than hourly, because Chapter 7 cases follow a predictable path.
Chapter 13 attorney fees: Chapter 13 is significantly more complex — it involves drafting and confirming a 3–5 year repayment plan, attending a confirmation hearing, and managing plan payments over years. Attorney fees for Chapter 13 range from $3,000–$6,000 and in some districts are subject to court-approved “no-look” fee guidelines that set a presumptive reasonable fee for standard cases.
Paying attorney fees in Chapter 13: One structural advantage of Chapter 13 is that attorney fees can often be paid through the repayment plan rather than upfront. This makes Chapter 13 more accessible in practice for people who can’t pay $4,000 to an attorney before filing.
Total Cost Comparison by Chapter
| Cost Category | Chapter 7 | Chapter 13 |
|---|---|---|
| Court filing fee | $338 | $313 |
| Credit counseling (pre-filing) | $20–$50 | $20–$50 |
| Debtor education (post-filing) | $20–$50 | $20–$50 |
| Attorney fees (if hired) | $1,000–$3,500 | $3,000–$6,000 |
| Total without attorney | $378–$438 | $353–$413 |
| Total with attorney | $1,378–$3,938 | $3,353–$6,413 |
These ranges don’t include case-specific costs that arise in more complex cases: appraisals for real estate, forensic accounting for business interests, or additional motions practice if the trustee objects to exemption claims.
What Chapter 11 Costs
Chapter 11 is bankruptcy reorganization typically used by businesses and high-income individuals who don’t qualify for Chapter 13. The filing fee is significantly higher: Chapter 11 carries a $1,167 filing fee plus a $571 administrative fee, totaling $1,738. Attorney fees for Chapter 11 are charged hourly and routinely run $20,000–$100,000+ for individual filers, depending on complexity. Chapter 11 is outside the scope of most consumer bankruptcy discussions for this reason.
When Costs Are Added After Filing
Several events during a bankruptcy case can generate additional fees:
Conversion between chapters: If your Chapter 13 case converts to Chapter 7, there is an additional fee. Converting from Chapter 13 to Chapter 7 costs $25, consisting of a $15 trustee fee and a $10 filing fee differential.
Reopening a closed case: If you need to reopen a case after it closes — for example, to add a creditor you forgot or to address a discharge violation — there is a reopening fee. For filing a motion to reopen a Chapter 13 case, the fee is $235. Chapter 7 reopening fees vary by district but follow a similar structure.
Adversary proceedings: If a creditor or the trustee files a separate lawsuit within your bankruptcy (called an adversary proceeding — for example, to challenge the dischargeability of a debt), additional filing fees apply. The adversary proceeding total filing fee is $350, though U.S. agencies and the debtor are exempt from this fee.
Can You File Bankruptcy for Free?
Technically, yes — in limited circumstances.
For Chapter 7, if your income is below 150% of the federal poverty line and you cannot pay even in installments, the court can waive the $338 filing fee entirely using Official Form 103B. The credit counseling agencies are also required to offer reduced fees or waivers to low-income filers. Filing pro se eliminates attorney fees. In this scenario, a person with very low income could file Chapter 7 at no out-of-pocket cost.
For Chapter 13, there is no filing fee waiver — the $313 must be paid, though installments are available. Attorney fees can be paid through the plan. Legal aid organizations in some areas provide free bankruptcy representation for income-eligible filers.
What Affects the Total Cost Most
Whether you hire an attorney is the single largest cost variable — the difference between $438 and $3,938 for a Chapter 7. Whether attorney representation makes sense depends on the complexity of your assets, your comfort navigating legal forms, and whether any disputes are anticipated with the trustee.
Which chapter you file matters significantly. Chapter 7 is faster (4–6 months) and cheaper. Chapter 13 is longer (3–5 years) and more expensive in attorney fees but may be necessary if you have assets to protect or don’t qualify for Chapter 7. For a full breakdown of what disqualifies someone from Chapter 7, what disqualifies you from filing bankruptcy covers the means test and other eligibility factors in detail.
Complexity of your financial situation affects attorney fees directly. A simple Chapter 7 with unsecured debt, no real estate, and no business interests is at the low end of the attorney fee range. A Chapter 7 involving a home, retirement accounts, a business, or potential objections from creditors is at the high end.
For a comprehensive look at all costs associated with bankruptcy beyond just the filing fee — including what happens to your assets, how exemptions work, and what the total financial picture looks like — how much does bankruptcy cost covers the full scope of the bankruptcy cost question.
FAQ
Do I have to pay the filing fee before the bankruptcy case starts? Generally yes — the filing fee is due when you submit the petition. The exception is if you’re approved to pay in installments, in which case the case opens with your first installment payment and the remaining payments follow the schedule the court approves.
Can the trustee charge me fees on top of the court filing fee? The $15 trustee surcharge included in the Chapter 7 filing fee is a statutory fee paid to trustees, already built into the $338 total. In Chapter 7 cases where the trustee administers non-exempt assets (liquidation cases), the trustee also receives a commission on assets distributed to creditors — but this comes out of those assets, not directly from you.
Are there payment plan options for attorney fees? Many bankruptcy attorneys accept payment plans for Chapter 7, though they typically require full payment before filing because post-filing attorney fees are difficult to collect once the debtor’s discharge is entered. Chapter 13 attorney fees can be paid through the plan as described above.
What happens if I can’t pay the installment payments after filing? Failure to pay the filing fee installments on schedule can result in the court dismissing your case. If your case is dismissed for non-payment of fees, you lose the protection of the automatic stay and creditors can resume collection activity.
Does the filing fee get refunded if my case is dismissed? No. Court filing fees are generally non-refundable regardless of the outcome of the case.
Is the cost different for a joint filing with a spouse? No. A married couple filing a joint bankruptcy petition pays the same filing fee as an individual — $338 for Chapter 7 or $313 for Chapter 13. The single fee covers both spouses in a joint case.
Conclusion
The court filing fee itself — $338 for Chapter 7, $313 for Chapter 13 — is the most predictable cost in bankruptcy and is the same in every federal bankruptcy court. Fee waivers and installment options are available to make even this cost manageable for low-income filers. The largest variable is whether you hire an attorney, which adds $1,000–$3,500 to a Chapter 7 or $3,000–$6,000 to a Chapter 13 but significantly reduces the risk of procedural errors that could cost more in the long run. Factoring in the two mandatory courses ($40–$100 total), most consumers file Chapter 7 for somewhere between $400 without an attorney and $4,000 with one.
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