How Much Does It Cost To File Bankruptcy In The United States

Filing fees alone cost $338 for Chapter 7 and $313 for Chapter 13, but with mandatory credit counseling and a typical attorney, most people pay between $1,200 and $4,500 total to file.

What it costs to file bankruptcy in federal court

Filing fees alone cost $338 for a Chapter 7 liquidation and $313 for a Chapter 13 repayment plan. Mandatory credit counseling and a typical attorney push the total between $1,200 and $4,500 for most people. That range is the real out-of-pocket reality you face, not the headline court fee, because the government’s cut is the smallest line item on your bill. The moment you start budgeting, you need to separate the non-negotiable court costs from the professional fees you can shop around for. You need to know exactly where every dollar goes before you commit to a filing date.

The court filing fees you cannot avoid

The federal judiciary sets a flat filing fee for each type of bankruptcy. You pay it to the bankruptcy court clerk when you submit your petition. A Chapter 7 liquidation costs $338 as of 2024. A Chapter 13 repayment plan costs $313. A Chapter 11 reorganization, used mainly by businesses but occasionally by high-debt individuals, costs $1,738. On top of that base fee, every Chapter 7 case pays a $15 trustee surcharge. Every Chapter 13 case pays a $10 administrative fee. Your true court cost is $353 for a Chapter 7 and $323 for a Chapter 13. A Chapter 11 adds a $75 trustee surcharge, bringing that filing to $1,813. These fees are set by statute, not by the court clerk. No judge can waive the trustee surcharge even if you win a fee waiver for the base amount. You can pay the filing fee in up to four installments for a Chapter 7. The final installment is due no later than 120 days after you file. The court will dismiss your case if you miss that deadline. Confirm the current fee schedule on the U.S. Courts website before you file.

Why attorney fees dominate the real cost

Attorney fees dwarf the court costs because bankruptcy is document-heavy, deadline-driven, and full of traps that can get your case dismissed. For a straightforward no-asset Chapter 7, a typical flat fee ranges from $800 to $1,500. The exact amount depends on your location and the complexity of your debts. A Chapter 13 repayment plan runs $2,500 to $4,500. The attorney must prepare a five-year repayment plan, negotiate with the trustee at multiple hearings, and handle claims objections from creditors. You are already broke when you file, so most Chapter 7 attorneys let you pay their fee in installments before you file. Some allow a small balance after filing, but they will not file your petition until they are paid in full or nearly so. A Chapter 13 works differently. The attorney can take a portion of their fee from your monthly plan payments. The upfront cost is lower, often $500 to $1,000 down, with the rest spread across your plan’s 36 to 60 months. Do not forget the two mandatory credit counseling courses. The pre-filing course costs $10 to $50, and the post-filing debtor education course costs $10 to $40. You cannot skip either one without losing your discharge. Approved providers list their current prices on the U.S. Trustee Program site.

When you can file for free or without a lawyer

The federal court will waive the full Chapter 7 filing fee only if your household income is below 150% of the federal poverty line. In 2024, that means a single person earning under $1,883 per month. You must also prove you cannot pay the fee in installments. Even with that waiver, you still owe the $15 trustee surcharge. You still need the credit counseling courses, so “free” never means zero dollars. You can file pro se, but the risks are severe. One missed schedule means your case gets dismissed, your automatic stay vanishes, and creditors can resume garnishment immediately. Many people try to cut costs with online petition preparers who charge $100 to $300. These services are legally barred from giving legal advice. A single error in your means test calculation can push you into a forced Chapter 13 you cannot afford. Before you go that route, read about file bankruptcy without a lawyer to see the exact forms and deadlines you will face. Understand that the court expects you to know every exemption and every rule cold. If you are weighing whether this is your only option, also consider the real alternatives to filing bankruptcy, because a debt management plan or a settlement can cost a fraction of the attorney fee. And if you do file, remember that what debts are not discharged in bankruptcy includes student loans, most tax debts, and child support, so your fresh start has limits. The bankruptcy process is a legal right, not a punishment, but it is a paid legal right. You need to budget for the full cost, not just the court fee.

Negotiating attorney fees before you hire

Yes, you can and should negotiate. Most attorneys quote a flat fee over the phone. They will often match a lower written quote from a competitor, especially in metro areas with heavy competition. Ask for a written fee agreement that lists every service included, so you are not hit with a surprise “document preparation” charge later.

What happens when you miss a court fee installment

You must request a payment plan on the same day you file. The court will give you a schedule of due dates. If you miss a payment, the court sends a notice of intent to dismiss. You have 14 days to pay or show cause why your case should stay open.

Ongoing costs after a bankruptcy discharge

The only post-discharge cost is the credit counseling course, which you take before discharge. That expense is already included in your budget. After that, you pay nothing to the court. You may need to pay for certified copies of your discharge order if a creditor requires proof. The clerk’s office typically charges $1 per page.

Only one truth separates this resource from every other cost guide: the court’s filing fee is the cheapest line item on your bill, and the mandatory trustee surcharge survives even a full fee waiver, so “free” bankruptcy never exists.