How Much Does It Cost to File Bankruptcy?

The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. That fee is fixed and the same in every state, but it is only one piece of the total cost. What you actually pay to file depends mostly on attorney fees, which vary widely, plus a small charge for the credit counseling course everyone has to complete.

Court Filing Fees by Chapter

The filing fee is set by the federal courts and does not change from one state or district to the next. These are the current fees, in effect nationwide since December 1, 2020:

Most consumers file under Chapter 7 or Chapter 13, so the number that matters for you is almost always $338 or $313. Chapter 11 is far more expensive to file and is used mainly by businesses and high-debt individuals.

Attorney Fees and What They Cover

For most people, the attorney is the biggest single expense, more than the filing fee itself. Attorney fees are not set by the court and are not published anywhere as a fixed number. They vary by where you live and by how complicated your case is, so we don't quote a dollar range here.

A few things drive the price. Chapter 13 usually costs more than Chapter 7 because the lawyer stays involved for the three-to-five-year life of the repayment plan, not just the few months a Chapter 7 takes. Cases with a business, valuable non-exempt property, or disputes with creditors take more work and cost more. A straightforward Chapter 7 with mostly credit card and medical debt sits at the low end.

You are not required to hire a lawyer. People do file on their own, and the filing fee is the same either way. But bankruptcy is a legal process with real consequences, and mistakes can cost you property or a discharge. If you want help comparing options, our guide on finding a Chapter 7 bankruptcy lawyer explains what to look for and what questions to ask. Many attorneys offer a free initial consultation, and some let you pay Chapter 13 fees through the repayment plan rather than up front.

Required Credit Counseling Course Fees

Before you file, federal law under 11 U.S.C. § 109 requires almost every individual to complete a credit counseling course from an approved agency. After you file, you complete a second course on financial management before your debts are discharged. Both are short online or phone sessions.

The fee for each course is small and set by the agency, not the court, so it is a minor line in your total cost next to the filing fee and attorney fees. Approved agencies are required to reduce or waive the fee for filers who can't afford it, so ask about a fee waiver when you register. You choose your provider from the list of agencies approved for your judicial district, and course prices differ from one agency to the next, which is worth a quick comparison before you sign up.

How Much Debt Do You Need to File?

There is no minimum. The Bankruptcy Code sets no floor on how much you have to owe before you can file. What matters is whether filing makes sense for you and whether you meet the eligibility rules for the chapter you want.

Chapter 13 does have an upper debt limit, and Chapter 7 turns on the means test rather than the size of your balances. If you are still weighing whether to file at all, or which chapter fits, start with our guide on whether Chapter 13 bankruptcy is the better choice than Chapter 7 for your situation. The useful question is usually whether bankruptcy fits your situation, not whether your balances are big enough.

Filing With Little or No Money

Not being able to spare a few hundred dollars is a common reason people file in the first place, and the system accounts for that. There are two ways to handle the court filing fee if paying it all at once is a problem.

• Installments. Any filer can ask to pay the filing fee in installments instead of a single payment. You submit a short application with your petition and pay the fee over time, in up to four payments.
• Fee waiver (Chapter 7 only). If your household income is below 150 percent of the federal poverty guidelines and you can't afford installments, you can ask the court to waive the Chapter 7 filing fee entirely. The judge decides based on your income and expenses.

The credit counseling fee can be waived too, as noted above. Between a fee waiver or installment plan and a reduced-fee course, the out-of-pocket cost of filing can drop close to zero for people with the lowest incomes. For the paperwork and where each request fits in the sequence, see how to file for bankruptcy.

Total Cost of Chapter 7 vs Chapter 13

Chapter 7 is usually cheaper overall. The filing fee is only $25 higher than Chapter 13, but the attorney fee is typically lower because the case is shorter and simpler, and it wraps up in a few months rather than running for years.

Chapter 13 costs more to hire out because your lawyer manages the case across the entire repayment plan, though those fees can often be folded into the plan payments instead of paid up front. So the trade-off is more than the sticker price. A Chapter 13 spreads its cost over years and can save property that a Chapter 7 might not, while a Chapter 7 costs less and finishes faster. Our full Chapter 13 vs Chapter 7 bankruptcy comparison breaks down which one protects what.

To put rough numbers to your own situation, try the Chapter 13 bankruptcy calculator and estimate a plan payment before you commit to either chapter.