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Filing process & court procedure

What Consumer Bankruptcy Costs

Filing a consumer bankruptcy case carries a court fee set by federal statute: $245 for Chapter 7 and $235 for Chapter 13 (28 U.S.C. § 1930), plus a $78 administrative fee, and in Chapter 7 a $15 trustee surcharge. Attorney fees are separate, are not set by statute, and must be stated in a written contract before you hire anyone.

Key points

  • The court's own fee is federal and identical in every district: $245 to file Chapter 7 and $235 to file Chapter 13 under 28 U.S.C. § 1930.
  • A $78 administrative fee applies in both chapters, and Chapter 7 adds a $15 trustee surcharge from the Bankruptcy Court Miscellaneous Fee Schedule.
  • Attorney fees are not fixed by law; the Bankruptcy Code regulates disclosure instead, requiring a written contract stating what will be done and what it will cost (11 U.S.C. § 527).
  • An individual may apply to pay the filing fee in installments, and in a Chapter 7 case may apply to have the filing fee waived — both are applications a judge rules on, not automatic.
  • Nonpayment of required fees is listed in the Code as cause for dismissing a Chapter 7 case (11 U.S.C. § 707(a)(2)).

If you are trying to work out whether you can afford to file, the useful news is that one half of the answer is fixed and public. The court's fee is set by federal statute and does not change from district to district. The other half — what a lawyer charges — varies, and this page explains what drives it and what the law requires anyone to tell you before you pay.

What does it actually cost to file a consumer bankruptcy case?

Two very different kinds of cost sit behind that question. The first is the court's own fee, which federal statute sets and which is the same everywhere. Chapter 7 carries a $245 filing fee under 28 U.S.C. § 1930(a)(1)(A), (f)(1), plus a $78 administrative fee and a $15 trustee surcharge from the Bankruptcy Court Miscellaneous Fee Schedule. Chapter 13 carries a $235 filing fee under 28 U.S.C. § 1930(a)(1)(B), plus the same $78 administrative fee. The second kind of cost is professional: what an attorney charges, and what a credit counseling or debtor education provider charges. Those are not set by statute, they vary widely between districts and firms, and we do not publish a verified national figure for either. The court fee is the part you can plan around to the dollar. The rest depends on who you hire and what your case turns out to involve.

Court fees payable to the clerk at filing
FeeChapter 7Chapter 13Source
Filing fee$245$23528 U.S.C. § 1930(a)(1)
Administrative fee$78$78Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Trustee surcharge$15Not listed for Chapter 13Bankruptcy Court Miscellaneous Fee Schedule, Item 9

What makes one case cost more than another?

A few things move the number more than anything else. The chapter you file under changes the court fee, as the table above shows. Whether you hire an attorney changes the professional side entirely — federal courts publish guidance for people filing without one, while also urging individuals to consult counsel because the law is complicated and the consequences are long-term (Bankr. M.D. La. official guidance — Frequently Asked Questions). Complexity matters next. A routine case generally costs less than one that produces litigation over who owns certain property, what it is worth, how much is owed on a debt, or whether a particular debt should be discharged (Bankr. D. Md. official page — Legal Overview). The chapter also changes who reviews the fee. In a Chapter 13 case the court may allow reasonable compensation to the debtor's attorney based on the benefit and necessity of the services, and it may award less than what was requested (11 U.S.C. § 330).

  • Which chapter is filed — the statutory filing fees differ
  • Whether an attorney is retained, and what the engagement covers
  • Whether the case stays routine or produces contested litigation
  • Post-filing steps that carry their own local court fees

What does federal law say about bankruptcy fees?

Federal law fixes the court fee and says comparatively little about what a lawyer may charge. 28 U.S.C. § 1930(a) directs that the parties commencing a case pay the clerk a filing fee, listing Chapter 7 and Chapter 13 separately. The administrative fee and the trustee surcharge come from the Bankruptcy Court Miscellaneous Fee Schedule. Payment is not optional once a case is open: a court may dismiss a Chapter 7 case for cause, including nonpayment of any fees or charges required under chapter 123 of title 28 (11 U.S.C. § 707(a)(2)). On the professional side, the Code regulates disclosure rather than price. Before an individual with primarily consumer debts commences a case, the clerk must give written notice describing the general purpose, benefits, and costs of proceeding under each chapter (11 U.S.C. § 342(b)). And the law requires an attorney or a petition preparer to give a written contract specifying what will be done and how much it will cost (11 U.S.C. § 527).

Do bankruptcy costs differ by state or district?

The filing fee itself does not change from state to state. It is federal, and the same amounts apply in every bankruptcy court in the country. What changes locally is the surrounding detail. Districts set their own payment methods — one court, for example, accepts only cash or money orders from debtors (Bankr. M.D. La. official guidance — Frequently Asked Questions). Districts also charge separate fees for things that happen after filing, such as adding a creditor you left off your schedules (Bankr. M.D. La. official guidance — FAQs) or obtaining certified copies and reopening a closed case (Bankr. D. Mass. official page — FAQs for Debtors). Those amounts sit in each court's own published fee schedule, and we do not restate them here. State law does not set the filing fee, though it does shape exemptions, which affect how a case unfolds. Your state hub and your court's fee schedule are the right places for local figures.

What does paying the court fee look like in practice?

People generally meet the court fee in one of three ways. Some pay it in full when the petition is filed. Some ask the court for permission to pay in installments: an individual who cannot pay the full fee at filing may file a signed application for court approval on Official Form 103A (Bankr. M.D. La. official guidance — Frequently Asked Questions). In a Chapter 7 case, an individual may instead apply to have the filing fee waived on Official Form 103B. One court describes that route as open to a debtor whose income is less than 150 percent of the official poverty line and who is unable to pay in installments, with the application set for hearing and the bankruptcy judge deciding. That waiver is specific to Chapter 7 and does not extend to Chapter 13. None of it happens automatically — each path is an application the court rules on, and the fee remains due until it does.

What paperwork is tied to the money side of a case?

The cost side of a case has its own short stack of documents. If you cannot pay at filing, the installment request is Official Form 103A and the Chapter 7 fee waiver request is Official Form 103B. If an attorney represents you, a statement disclosing the compensation paid or to be paid to your attorney is filed with the court (Bankr. N.D. Ill. official guidance — Guide for Individuals Filing Without A Lawyer, November, 2025). If a non-attorney petition preparer helps you, that person must sign what they prepare, give you a written notice in simple language stating that they are not an attorney and may not give legal advice, and file a statement disclosing what you paid (11 U.S.C. § 110). Before you hire anyone, ask to see the written contract the law requires (11 U.S.C. § 527). Keep your own copies of every receipt and every fee application you file.

What should you ask a lawyer about cost?

A consultation is where a range becomes a number, because the honest answer depends on facts a web page cannot see. Most bankruptcy attorneys will quote a fee for a case like yours before you commit, and the law requires the terms in writing (11 U.S.C. § 527). Read that contract before signing — it should say plainly what is included and what is billed separately. It is fair to ask what happens to the fee if the case takes an unexpected turn: if it converts to another chapter, if it is dismissed, or if a creditor brings an adversary proceeding. In a Chapter 13 case, it is also fair to ask how the court's review of attorney compensation works locally (11 U.S.C. § 330). If cost itself is the barrier, ask about legal aid clinics and bar association referral programs; several courts publish those contacts directly (Bankr. M.D. La. official guidance — Frequently Asked Questions).

  • Is the fee flat or hourly, and what specifically does it cover?
  • Which court fees do I pay directly, and when are they due?
  • What is billed separately — hearings, motions, amended schedules, an adversary proceeding?
  • What happens to the fee if the case is converted or dismissed?
  • Can I see the written contract before I decide?

Frequently asked questions

How much does it cost to file Chapter 7?
The court fee for Chapter 7 is a $245 filing fee under 28 U.S.C. § 1930(a)(1)(A), (f)(1), plus a $78 administrative fee and a $15 trustee surcharge from the Bankruptcy Court Miscellaneous Fee Schedule. Attorney fees are separate and are not fixed by statute. An individual may apply to pay in installments, or to have the Chapter 7 filing fee waived.
How much does Chapter 13 cost to file?
The court fee for Chapter 13 is a $235 filing fee under 28 U.S.C. § 1930(a)(1)(B), plus a $78 administrative fee. The Chapter 7 trustee surcharge is not listed among the Chapter 13 filing fees. Attorney compensation in a Chapter 13 case is subject to court review, and the court may allow less than the amount requested (11 U.S.C. § 330).
Can the filing fee be waived?
In Chapter 7, an individual may apply to have the filing fee waived using Official Form 103B, and a bankruptcy judge decides after a hearing. One court describes that route as open where income is less than 150 percent of the official poverty line and the debtor is unable to pay in installments. The waiver is conditional under 28 U.S.C. § 1930(f) and does not apply to Chapter 13.
Can I pay the filing fee in installments?
An individual who cannot pay the full fee when the case is commenced may file a signed application asking the court to approve payment in installments, using Official Form 103A. Courts describe this as available in both chapters for individual debtors. The court rules on the application, so approval is not automatic, and the balance remains owed to the clerk on the schedule the court sets.
What happens if the court fees are not paid?
Nonpayment matters. The Bankruptcy Code lists nonpayment of any fees or charges required under chapter 123 of title 28 as cause for dismissing a Chapter 7 case after notice and a hearing (11 U.S.C. § 707(a)(2)). Courts also note that a case may be dismissed when a debtor fails to do something required of them, and that dismissal itself does not erase any debt.
Is it cheaper to file without an attorney?
Filing without an attorney removes the attorney fee but not the court fee, and it does not lower the standard applied to your paperwork. Courts state that a debtor filing alone is expected to follow the rules as if counsel had been hired, and will not be treated differently. Clerk's office staff are prohibited from giving legal advice or helping prepare forms.
Does a non-attorney petition preparer cost less?
A bankruptcy petition preparer is defined by statute as someone other than an attorney who prepares documents for filing for compensation (11 U.S.C. § 110). Before taking any fee, that person must give you written notice, in simple language, that they are not an attorney and may not practice law or give legal advice. What they paid must be disclosed to the court in a filed statement.

Sources

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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