How Much Does Bankruptcy Cost?

Bankruptcy has three separate price tags, and only one of them is negotiable. The court's filing fee is fixed by federal law. The two required counseling courses are cheap and capped by the providers. The attorney's fee is the big variable, and it is the one people most often guess wrong about, in both directions.

Key points

• The court filing fee is national and fixed: $338 for Chapter 7, $313 for Chapter 13, per the federal fee schedule in force since December 1, 2023.
• The court can let an individual pay the fee in up to four installments, with the last one due within 120 days of filing (extendable to 180 for cause).
• A Chapter 7 filer with income under 150 percent of the poverty line who cannot pay even in installments can ask the court to waive the fee under 28 U.S.C. §1930(f). There is no waiver for Chapter 13.
• Attorney fees are third-party estimates until a lawyer gives a written quote. Every bankruptcy attorney must disclose the fee to the court, which can cancel or claw back an excessive one.
• "Affordable" is not the same as "cheapest." A bar referral consultation, a district's Chapter 13 "no-look" fee, legal aid, and law school clinics are how people find a fair price without gambling on an unknown.

What does the court charge to file bankruptcy?

The statutory pieces ($245 and $235) live in 28 U.S.C. §1930(a). The administrative fee and trustee surcharge come from the Judicial Conference's fee schedule, which is why the U.S. Courts' own chapter overview pages still print an older $75 administrative figure while the fee schedule says $78. The fee schedule controls. Fees change on a schedule, so anyone filing should re-check the current schedule on the day they file.

Can the filing fee be paid in installments or waived?

Two practical details:

• The application for a waiver is a separate official form filed with the petition. If the court denies the waiver, it will usually set up an installment schedule instead of dismissing the case.
• Missing an installment is a real risk. Both chapter overview pages from the U.S. Courts state plainly that failure to pay the fees may result in dismissal.

The federal poverty guidelines change yearly, so "150 percent" is a moving target. The court's waiver form walks through the current figures; this page deliberately does not state them.

What do the required counseling courses cost?

Two courses are mandatory. A credit counseling briefing must be completed within the 180 days before filing, and a debtor education course must be completed after filing and before discharge. Both must come from a provider approved by the U.S. Trustee Program (or the bankruptcy administrator in Alabama and North Carolina).

Published estimates put each course at about $0 to $50 (LegalZoom, updated January 5, 2026) or "about $60 or less" (Nolo, updated November 13, 2023). Approved providers must serve people without regard to ability to pay (11 U.S.C. §111), so the counseling cost can legitimately be zero for someone who asks for a waiver. Use the DOJ's approved provider list rather than a search ad; a certificate from an unapproved provider does not count.

How much does a bankruptcy attorney cost?

Why the spread is so wide:

• Location. Fees in large metro areas and high-cost states run at the top of the range; rural districts at the bottom.
• Complexity. Business income, rental property, a recent large transfer, a non-filing spouse, or an expected creditor objection all add hours.
• What is included. Some flat fees cover the 341 meeting and one reaffirmation agreement and nothing else. Motions, objections, and amended schedules are commonly extra.
• Who does the work. High-volume firms may price lower by having paralegals prepare schedules under attorney supervision. That is legal, and worth asking about directly.

Why Chapter 13 attorney fees work differently

Chapter 7 fees are generally paid in full before filing. The reason is mechanical, not greedy: the moment the petition is filed, the automatic stay stops collection of every pre-filing debt, and an unpaid attorney fee is a pre-filing debt. Lawyers who file before being paid generally cannot collect the balance.

Chapter 13 flips this. Most districts publish a "no-look" fee: a flat amount the court will approve without a detailed fee application. That fee is typically paid mostly through the three-to-five-year plan, so the amount due before filing is often smaller than a Chapter 7 retainer even though the total is higher. The number is set by each district's local rules or standing order, so the right question for any Chapter 13 lawyer is, "What is this district's no-look fee, and how much of it is due before you file?"

What does "affordable bankruptcy attorney" actually mean?

The ordered path, and what each step costs:

1. State bar lawyer referral service

   Screens for an active license and, usually, malpractice insurance. The first 30-minute consultation is commonly capped at $25 to $50; several state bars publish the exact cap. This is the cheapest way to get a real fee quote from a real lawyer.

2. NACBA attorney directory

   A ZIP-code search of members of the National Association of Consumer Bankruptcy Attorneys. Free to search. Not a referral service, and NACBA does not vet qualifications, but membership signals a consumer-bankruptcy focus.

3. Legal aid (LSC locator)

   Free representation for income-eligible people, though many programs limit bankruptcy intake or keep a waitlist. Filers who qualify for legal aid usually also qualify for the court fee waiver, which can bring total cash needed to near zero.

4. Law school bankruptcy clinic

   Students handle simple Chapter 7 cases under a supervising attorney at no charge. Availability depends on the school year and intake limits.

The full how-to, including the questions to ask before paying, is on how to find a bankruptcy attorney near you.

Is a free bankruptcy consultation really free?

Often, yes. Many private bankruptcy attorneys offer a free initial consultation; bar referral services offer a capped one instead. Either way, it is a real meeting with a licensed lawyer and also a sales conversation. The lawyer is deciding whether to take the case and quoting a fee; the person is deciding whether to hire them. Nothing is filed and no one is represented until a written fee agreement is signed.

What makes a free consultation worth the hour is arriving with the bankruptcy document checklist filled in and leaving with three things in writing: the recommended chapter and why, the total fee and exactly what it covers, and what would cost extra.

The cheapest legal route: filing without a lawyer

Filing pro se is legal, the official forms are free, and for a simple below-median Chapter 7 with no home equity, no business, and no recent transfers, it can work. The nonprofit Upsolve prepares Chapter 7 forms at no charge for people who pass its screener; the person still prints and files them at the federal court. The honest trade-off is that pro se filers are held to the same rules as lawyers, and the errors that hurt tend to surface at the 341 meeting or after, when they are expensive to fix. Filing bankruptcy without a lawyer covers when that trade is reasonable and when it is not.

Common mistakes to avoid

• ✕Comparing attorney quotes without asking what each one includes — the 341 meeting, reaffirmation agreements, and creditor objections are often priced separately.
• ✕Paying a non-attorney petition preparer a lawyer-sized fee. Under 11 U.S.C. §110 they may only type answers into forms and cannot give legal advice or appear in court.
• ✕Skipping the fee-waiver application because it feels like a long shot. If income is under 150% of the poverty line, the court is required to consider it.
• ✕Taking a counseling course from an unapproved provider found through an ad. Only DOJ-approved providers produce a certificate the court accepts.
• ✕Choosing Chapter 13 because the up-front attorney payment is smaller, without first checking whether Chapter 7 is available.
• ✕Trusting a quoted “filing fee” that does not match the court's published schedule.

Frequently asked questions

How much does it cost to file Chapter 7 bankruptcy?

The court fee is $338 as of September 2026, made up of a $245 filing fee, a $78 administrative fee, and a $15 trustee surcharge. Add roughly $0 to $50 per course for the two required counseling courses and, if a lawyer is hired, a flat attorney fee that published estimates place between about $1,000 and $3,000 depending on location and complexity.

How much does it cost to file Chapter 13 bankruptcy?

The court fee is $313, a $235 filing fee plus a $78 administrative fee. Attorney fees are higher than Chapter 7, with published estimates of about $2,500 to $5,000, but most districts set a "no-look" flat fee that is paid largely through the repayment plan rather than up front.

Can I get the bankruptcy filing fee waived?

Only in Chapter 7. Under 28 U.S.C. §1930(f), the court may waive the fee for an individual whose income is below 150 percent of the federal poverty line for their household size and who cannot pay it in installments. Chapter 13 filers can pay in installments but cannot get a waiver.

Can I pay the bankruptcy filing fee in installments?

Yes, with the court's permission, in either chapter. Rule 1006(b) allows up to four installments, with the last due within 120 days of filing; the court can extend that to 180 days for cause. Failing to pay an installment can lead to dismissal.

Why do Chapter 7 lawyers want the whole fee before filing?

Because filing triggers the automatic stay, which stops collection of every debt that existed before the petition, including an unpaid attorney fee. A lawyer who files first generally cannot collect the balance afterward, so Chapter 7 fees are almost always paid in full up front.

What is an affordable bankruptcy attorney?

One found through a channel that verifies a license and caps the first consultation: a state bar referral service, the NACBA directory, LSC legal aid if income-eligible, or a law school clinic. The lowest number in an ad is not a proxy for affordability; a written quote that lists what is included is.

When to talk to a professional