How Much Does It Cost to File Bankruptcy: 2026 Fees

Court filing fees: the fixed part

Bankruptcy filing fees are set by federal law — identical in every state. Chapter 7 costs $338 ($245 filing fee + $78 administrative fee + $15 trustee surcharge); Chapter 13 costs $313 ($235 + $78, no trustee surcharge). They sit on the federal court fee schedule and do not move until the law changes.

The fee covers the court’s work only — not a lawyer, not the required courses. Here is the full picture:

Cost item	Chapter 7	Chapter 13
Court filing fee	$338	$313
Typical attorney fee	$1,000–$1,700	$2,500–$5,000
Required courses (both)	$20–$100	$20–$100
Realistic all-in total	$1,400–$3,500	$3,000–$5,500

Attorney fees: where most of the money goes

Attorney fees are the biggest and least predictable part of the bill, driven by location and complexity. For a straightforward Chapter 7 — credit card or medical debt, few assets, no disputes — most lawyers charge a flat $1,000 to $1,700. Complex cases can push past $3,000, and metro markets run 20–40% above smaller towns.

Chapter 13 attorneys charge more, typically $2,500 to $5,000, because the case runs three to five years. The trade-off is timing: most of that fee can be paid through the plan, so Chapter 13 often demands less cash on day one. One quirk: Chapter 7 lawyers almost always require full payment before filing, because any balance you still owe them afterward becomes a debt the bankruptcy itself could discharge — many accept pre-filing installments, but the balance must hit zero first.

Your chapter choice changes more than the price tag, so read our guide to what happens if you file for bankruptcy before you budget.

The required courses and the means test

Every individual filer must complete two courses: a credit counseling session before filing, and a debtor education course after filing, each from an approved agency. Each costs $10–$50, often reduced or waived for low-income filers — ask before you pay. Miss the first and the court can refuse your petition; miss the second and you may not get your discharge.

The means test — the income comparison deciding Chapter 7 eligibility — costs you nothing directly; attorneys fold it into their fee. It compares your income to your state’s median: pass, and Chapter 7 is on the table; fail, and Chapter 13 is usually the path left open.

Also budget for the small stuff: credit reports, copies, postage, and travel to the creditors’ meeting (many are remote now) — tens of dollars, not hundreds. If bankruptcy feels unworkable, there are other routes: debt-relief programs like management plans or settlements may cost less and do less credit damage.

What if you can’t afford to file?

If your household income is below 150% of the federal poverty line, Chapter 7 filers can ask the court to waive the filing fee entirely (Form 103B, filed with your petition).

Otherwise you can usually pay the fee in up to four installments, the last due within 120 days (extendable to 180 days). Miss it and the court can dismiss your case. Chapter 13 offers no fee waiver, though its filing fee can fold into the repayment plan.

Filing on your own removes the attorney fee entirely: nonprofit tools like Upsolve guide eligible filers through a simple Chapter 7 for free, and legal-aid offices handle many simple cases at no cost. A messy self-filed case is risky — errors can cost you your discharge — but a straightforward no-asset Chapter 7 is a proven DIY route. One caution: paying collectors out of panic wastes money, which is exactly why you should never pay a collection agency without a plan — once your case is filed, collectors must stop contacting you anyway.

A realistic worked example

Take Maria, a typical filer with $28,000 in credit card and medical debt. Her Chapter 7: $338 filing fee + $1,500 attorney + $25 counseling + $25 education = $1,888 out of pocket, discharged in about four months. Her Chapter 13: $313 + $3,500 attorney (mostly paid through the plan) + $50 courses = $3,863 total, mostly spread over a three-to-five-year plan. Chapter 7 is cheaper and faster if she qualifies; Chapter 13 wins when protecting property or catching up on a mortgage.

Bottom line

Filing bankruptcy is not cheap, but it is priced to be manageable: $338 or $313 in fixed court fees, a few hundred more for courses and incidentals, and attorney fees that track your case’s complexity. With waivers and installments available, the real decision is not whether you can afford the fee — it is whether your debt math justifies filing at all.