Filing Fee

What does "filing fee" mean?

Strictly, the filing fee is the statutory amount Congress set for commencing a case. Under 28 U.S.C. § 1930(a), the parties commencing a case under title 11 pay it to the clerk of the court. For an individual case, the statutory figure is $245 in Chapter 7 (28 U.S.C. § 1930(a)(1)(A), (f)(1)) and $235 in Chapter 13 (28 U.S.C. § 1930(a)(1)(B)).

In everyday use, "filing fee" also refers to the whole amount the clerk collects when a petition is filed. That total includes an administrative fee of $78 in both chapters (Bankruptcy Court Miscellaneous Fee Schedule, Item 8) and, in Chapter 7 only, a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9). Court fee pages generally publish the combined figure, which is why the number you see may not match the statute.

• Statute (28 U.S.C. § 1930(a)) sets the filing fee itself.
• The Bankruptcy Court Miscellaneous Fee Schedule authorizes the administrative fee and the Chapter 7 trustee surcharge.
• A court's published total is the sum of those charges.

Why does the filing fee matter in a bankruptcy case?

It matters first because it is due at the front of the process, when money is usually tightest. It is one of the few costs that cannot be negotiated: the amounts are set by statute and by a national fee schedule, not by the individual court or the trustee.

It also matters because nonpayment has consequences. 11 U.S.C. § 707(a)(2) lists nonpayment of any fees or charges required under chapter 123 of title 28 among the causes for which a court may dismiss a Chapter 7 case, after notice and a hearing. Courts that allow installment payments generally warn that failing to complete authorized payments can lead to dismissal.

Finally, the filing fee is separate from anything an attorney charges. Attorney compensation in a bankruptcy case is governed by different provisions entirely, including 11 U.S.C. § 330.

How does the filing fee work in practice?

The fee is paid to the clerk when the petition is filed. Courts differ on accepted payment methods; several publish that they do not take personal checks or credit cards from debtors, and require a money order or cashier's check instead.

Two relief routes exist for individuals who cannot pay in full at once. Courts commonly permit payment in installments on an approved application, and in Chapter 7 a fee waiver may be available; the Chapter 7 waiver is conditional under 28 U.S.C. § 1930(f) and Judiciary procedures, and courts generally tie it to income measured against the federal poverty guidelines. There is no comparable statutory Chapter 7-style waiver for Chapter 13.

Because the specifics — application forms, accepted payments, local practice — are set district by district, check the fee page for the court where the case would be filed.

What do people get wrong about the filing fee?

The most common mistake is treating the court's published total as the statutory filing fee, then being surprised when a document refers to a smaller number. Both figures are accurate; they describe different things.

The second is assuming the fee is the cost of bankruptcy. It is only what the court charges to open the case. Attorney fees, credit counseling, and other case costs sit outside it.

The third is assuming a waiver is automatic for anyone with low income. The Chapter 7 waiver is conditional under 28 U.S.C. § 1930(f), requires an application, and is granted or denied by the court.

A fourth is assuming the fee is the same everywhere. The statutory amounts and the national fee schedule apply across districts, but payment methods, forms, and local procedures vary — which is what your state and court pages are for.

Frequently asked questions

Is the filing fee the same in Chapter 7 and Chapter 13?

No. The statutory filing fee is $245 for Chapter 7 (28 U.S.C. § 1930(a)(1)(A), (f)(1)) and $235 for Chapter 13 (28 U.S.C. § 1930(a)(1)(B)). Both chapters also carry a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8), and Chapter 7 adds a $15 trustee surcharge (Item 9).

Can the filing fee be paid over time?

Courts commonly allow individuals to apply to pay the filing fee in installments, on an approved application filed with the court. Approval is the court's decision, not automatic. Court fee pages generally caution that failing to complete authorized payments can lead to dismissal of the case. Local requirements differ, so check the court where the case would be filed.

Can the filing fee ever be waived?

A Chapter 7 fee waiver exists, but it is conditional under 28 U.S.C. § 1930(f) and Judiciary procedures. Courts generally require an application and measure income against the federal poverty guidelines. It is granted or denied by the court on that application. No equivalent statutory Chapter 7-style waiver applies to a Chapter 13 case.

What happens if the fee is not paid?

Under 11 U.S.C. § 707(a)(2), nonpayment of any fees or charges required under chapter 123 of title 28 is listed as cause on which a court may dismiss a Chapter 7 case, after notice and a hearing. Courts that approve installment plans generally warn that missing authorized payments can also lead to dismissal.

Sources

• 28 U.S.C. § 1930 — Bankruptcy fees · official source
• Bankruptcy Court Miscellaneous Fee Schedule — Bankruptcy Court Miscellaneous Fee Schedule, effective December 1, 2023
• 11 U.S.C. § 707 — Dismissal of a case or conversion to a case under chapter 11 or 13 · official source
• 11 U.S.C. § 330 — Compensation of officers · official source
• Bankr. W.D. La. official page — Filing Fees for Chapter 7 and Chapter 13
• Bankr. M.D. Fla. official page — Filing Fees

Related

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