Bankruptcy.lawBankruptcy.law

Filing process & court procedure

Bankruptcy Filing Fees, Installments, and Fee Waivers

A Chapter 7 case carries a $245 statutory filing fee plus a $78 administrative fee and a $15 trustee surcharge; Chapter 13 carries a $235 filing fee plus the same $78 administrative fee. Under Fed. R. Bankr. P. 1006, an individual may apply to pay in up to 4 installments, and a Chapter 7 filer may apply to have the fee waived.

Key points

  • The statutory Chapter 7 filing fee is $245 and the statutory Chapter 13 filing fee is $235, set by 28 U.S.C. § 1930(a)(1).
  • Courts add a $78 administrative fee in both chapters and a $15 trustee surcharge in Chapter 7, so the totals clerks quote are higher than the statute alone.
  • The clerk must accept an individual's petition filed with a completed Official Form 103A application to pay in installments, even if no part of the fee is paid that day.
  • Installments are capped at 4 payments, all due within 120 days after filing, extendable for cause to no later than 180 days.
  • A fee waiver under 28 U.S.C. § 1930(f) exists only in Chapter 7, and courts apply an income test tied to the official poverty line.

If money is the reason you have not filed yet, you are not unusual, and the rules anticipate it. Federal law sets the court's fee, and two separate escape valves exist: paying over time, or asking the court to waive the Chapter 7 fee entirely. Here is what the fee actually is, what the applications ask for, and what happens if a payment is missed.

How much does the bankruptcy court fee actually cost?

Two numbers are in play, and confusing them is the most common source of surprise at the clerk's window. The statutory filing fee comes from 28 U.S.C. § 1930(a)(1): $245 for a Chapter 7 case and $235 for a Chapter 13 case. On top of that, the Judicial Conference adds a $78 administrative fee in every chapter, and Chapter 7 cases carry an additional $15 trustee surcharge under the Bankruptcy Court Miscellaneous Fee Schedule. Courts quote the combined figure. The Bankruptcy Court for the Western District of Kentucky, for example, publishes a Chapter 7 total built from the filing fee, the administrative fee, and the Chapter 7 surcharge, and a Chapter 13 total built from the filing fee plus the administrative fee. These are court fees only. They are separate from whatever an attorney charges and separate from the credit counseling course a court requires before filing.

Court fees due at filing, by chapter
ComponentChapter 7Chapter 13
Statutory filing fee (28 U.S.C. § 1930(a)(1))$245$235
Administrative fee (Misc. Fee Schedule, Item 8)$78$78
Trustee surcharge (Misc. Fee Schedule, Item 9)$15None
Installments availableYesYes
Statutory fee waiver availableYes, under 28 U.S.C. § 1930(f)No

What changes the answer for your case?

Three things move the outcome. The first is which chapter you file, because the statutory fee differs and because the waiver in 28 U.S.C. § 1930(f) reaches only a voluntary individual Chapter 7 case. The second is your income relative to the official poverty line: courts describe the waiver standard as income below 150% of that line, combined with an inability to pay even in installments. The third is your own filing history. The Northern District of Florida warns that if you owe fees from a previous case, an installment application may be denied until the outstanding fees are paid. Whether you are represented also matters procedurally rather than substantively. Several courts, including the Central District of California, direct self-represented filers to pay.gov while attorneys pay by their own business check or credit card. None of these changes the amount owed; they change the route by which it can be paid.

  • Chapter choice sets the statutory fee and determines whether a waiver is even available.
  • Household income measured against the official poverty line drives the Chapter 7 waiver decision.
  • Unpaid fees from an earlier case can block an installment application.
  • Whether you are represented changes accepted payment methods, not the amount.

What does federal law say about filing fees?

The fee itself is statutory. Under 28 U.S.C. § 1930(a), parties commencing a case under title 11 pay the clerk the listed filing fees, including $245 for Chapter 7 and $235 for Chapter 13. Procedure comes from Fed. R. Bankr. P. 1006. Subdivision (a) states the default: unless the installment or waiver provisions apply, every petition must be accompanied by the filing fee. Subdivision (b) requires the clerk to accept an individual's voluntary petition regardless of whether any part of the fee is paid, so long as a completed and signed installment application (Form 103A) comes with it. Subdivision (c) does the same for a Chapter 7 petition filed with a completed fee waiver application (Form 103B). The waiver authority itself is 28 U.S.C. § 1930(f). Nonpayment has statutory teeth as well: 11 U.S.C. § 707(a)(2) lists nonpayment of fees required under chapter 123 of title 28 as cause to dismiss a Chapter 7 case.

How do installment payments actually work?

Fed. R. Bankr. P. 1006(b)(2) sets the frame. Before the meeting of creditors, the court may order the entire fee paid at once or may order installments, designating the number of payments (not more than 4), the amount of each, and the payment dates. All payments must be made within 120 days after the petition is filed. The court may extend the time for cause, but the last installment must be paid within 180 days after filing. One consequence surprises people: under Rule 1006(b)(3), until the filing fee is paid in full, the debtor or the Chapter 13 trustee must not make any further payment to an attorney or to anyone else providing services in connection with the case. Local practice fills in the front end. The Eastern District of Washington requires $75 of the fee at filing from installment applicants; the Southern District of Illinois requires fifty percent; Rhode Island's rule contemplates at least 25% at filing with continued 25% payments.

  • No more than 4 installments, on dates the court designates.
  • All payments due within 120 days after the petition is filed.
  • Extension for cause is possible, with the last payment no later than 180 days after filing.
  • No payments to your attorney or other case service providers until the court fee is paid in full.

Who can ask to have the Chapter 7 fee waived?

The waiver is narrow and it is chapter-specific. Fed. R. Bankr. P. 1006(c) applies to an individual's voluntary Chapter 7 petition, and courts state the standard in consistent terms. The Northern District of California explains that in a voluntary individual Chapter 7 case, if the debtor's income is less than 150% of the federal poverty level for the debtor's family size and the debtor is unable to pay the fee in installments, the court may waive the fee. Maryland's court puts the same point plainly: by law, the judge may only waive the fee if income is less than 150 percent of the official poverty line for the family size and the filer cannot pay in installments. The application is Official Form 103B. Rhode Island additionally requires Schedules I and J with the application, and warns that failing to file all required forms results in automatic denial. If a waiver request is denied, courts commonly require full payment or set installments instead.

  • Available only in a voluntary individual Chapter 7 case, not in Chapter 13.
  • Filed on Official Form 103B, which the clerk must accept with the petition.
  • Turns on income measured against the official poverty line and inability to pay in installments.
  • A denial usually converts into an order to pay in full or by installments, not an automatic dismissal.

What does this look like in practice at the clerk's window?

Payment methods are set locally and they are stricter than most people expect. The Northern District of Florida does not accept cash and does not accept personal checks from debtors; it takes money orders or cashier's checks payable to "Clerk, U.S. Bankruptcy Court." Kansas's local rule states flatly that the clerk will not accept checks issued by a debtor for filing fees. Delaware accepts cash with exact change, money orders, or cashier's checks. The Western District of Louisiana accepts cash only at its Shreveport office, and money orders or cashier's checks elsewhere. Connecticut's rule permits cash, certified check, money order, an attorney's account check, an approved credit card, or pay.gov. Maryland accepts payments in Baltimore only, and points filers to pay.gov once a case number exists. Two practical takeaways follow: confirm your own court's accepted methods before you travel there, and expect a money order or cashier's check to be the safest universal option.

What documents and information are involved?

The fee paperwork is short, but it must arrive with the petition. To pay over time you file Official Form 103A, the Application for Individuals to Pay the Filing Fee in Installments. To request a Chapter 7 waiver you file Official Form 103B, the Application to Have the Chapter 7 Filing Fee Waived. Both are national forms, and several districts add a local form or local requirements on top. The application asks about your income and your ability to pay, which is why some courts require your income and expense schedules alongside it. Because the fee is only one of several things due at filing, courts publish combined checklists. The Southern District of Iowa's required-lists form pairs the fee with the voluntary petition, the creditor list, the social security number statement, the credit counseling certificate, and the statement of current monthly income. Delaware separately requires photo identification at filing and a credit counseling certificate.

  • Official Form 103A — application to pay the filing fee in installments.
  • Official Form 103B — application to have the Chapter 7 filing fee waived.
  • Income and expense schedules, where the local rule requires them with a waiver application.
  • Local forms, which several districts substitute or add — check your court's site before filing.

What should you ask a lawyer about fees?

Court fees are the smaller half of the cost conversation, so the useful questions cover both halves. Ask what the attorney's fee is, when it is due, and how Fed. R. Bankr. P. 1006(b)(3) affects the schedule, since no payment may go to an attorney or other case service provider until the court fee is paid in full. Ask whether an installment application or a waiver application fits your numbers, and what the local court expects with each. Ask what happens if an installment is missed, because 11 U.S.C. § 707(a)(2) makes nonpayment of required fees cause for dismissal in Chapter 7 and courts warn that failure to pay as directed leads to dismissal. Ask how your district treats fees from a prior case. And ask which payment methods your clerk's office accepts, since that varies by district and by divisional office within a district.

Frequently asked questions

How much is the Chapter 7 filing fee?
The statutory Chapter 7 filing fee is $245 under 28 U.S.C. § 1930(a)(1)(A). Courts also collect a $78 administrative fee and a $15 Chapter 7 trustee surcharge under the Bankruptcy Court Miscellaneous Fee Schedule, so the total a clerk quotes is higher than the statutory figure alone. Check your own court's published fee page for the current combined amount.
Can I pay the bankruptcy filing fee in installments?
An individual may apply to. Fed. R. Bankr. P. 1006(b) requires the clerk to accept an individual's voluntary petition filed with a completed and signed Form 103A, regardless of whether any part of the fee is paid that day. The court then decides, designating up to 4 installments with set amounts and dates. All payments must be made within 120 days after the petition is filed.
Can the Chapter 13 filing fee be waived?
No. The waiver under 28 U.S.C. § 1930(f) and Fed. R. Bankr. P. 1006(c) applies to an individual's voluntary Chapter 7 petition only. Chapter 13 filers may still apply to pay the fee in installments under Rule 1006(b). Several district rules make the point explicitly, including Connecticut's, which states a waiver application is not available except in a Chapter 7 case.
What happens if I miss an installment payment?
Courts treat it seriously. The Northern District of Florida warns that failure to pay filing fees as directed will result in dismissal of the case, and that an unpaid fee means no discharge. Federal law backs this up: 11 U.S.C. § 707(a)(2) lists nonpayment of fees required under chapter 123 of title 28 as cause to dismiss a Chapter 7 case. Contact the clerk before a payment date passes.
How does the court decide a fee waiver application?
Courts describe two conditions together. The income test compares your household income to the official poverty line for your family size, and courts state the threshold as less than 150% of that line. The second condition is that you are unable to pay the fee in installments. If the court denies the request, it commonly requires the fee in full or sets an installment schedule instead.
What payment methods do bankruptcy courts accept?
It varies by district and sometimes by divisional office. Money orders and cashier's checks payable to "Clerk, U.S. Bankruptcy Court" are the most widely accepted. Many courts refuse personal checks from debtors, and several refuse cash. Attorneys often pay by business check or credit card, and self-represented filers are frequently directed to pay.gov. Confirm with your court before you go.
Can I pay my attorney while I still owe the court fee?
Not while the filing fee is outstanding. Fed. R. Bankr. P. 1006(b)(3) provides that until the filing fee has been paid in full, the debtor or Chapter 13 trustee must not make any further payment to an attorney or any other person who provides services to the debtor in connection with the case. Raise this early so the payment schedule is planned around it.
Does a granted waiver cover later fees in the case?
Sometimes, and it is a local question. The Northern District of New York's rule states that a waiver under 28 U.S.C. § 1930(f) applies to all future fees assessed by the clerk in the case unless the court orders otherwise. Rhode Island's rule similarly says granting the application waives all future filing fees arising while the case is pending under Chapter 7.

Sources

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

Sources verified August 1, 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.

Related

Turn this into a plan for your exact situation, state, and court.

See My Debt Relief Options