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Key Facts
- Federal level: As of August 8, 2026, the total court fee to open a Chapter 7 case is $338, while the total court fee to open a Chapter 13 case is $313.
- Federal level: An individual may ask the bankruptcy court to allow the filing fee to be paid in no more than four installments.
- Federal level: A filing-fee waiver is limited to an individual Chapter 7 case and requires both income below 150% of the applicable poverty line and an inability to pay in installments.
- Federal level: Approved counseling and debtor-education providers may charge separately from the court, and attorney compensation is also separate from the filing fee.
The cost to file bankruptcy is not one universal price. It begins with a federal court fee, while approved-provider charges and attorney compensation are separate categories.
For the two chapters most commonly used by individual consumers, the current total is $338 for Chapter 7 and $313 for Chapter 13. These totals combine fees set by federal statute with nationwide administrative charges and, for Chapter 7, a trustee surcharge.
Current federal bankruptcy filing fees
The statutory filing fee is $245 for Chapter 7 and $235 for Chapter 13. The Judicial Conference schedule adds a $78 administrative fee to each petition and a $15 trustee surcharge to a Chapter 7 petition, producing the $338 and $313 totals.
A joint petition by spouses carries the same statutory filing fee as an individual petition. It does not require two separate case-opening fees.
Other chapters have different totals: $1,738 for Chapter 11 and $278 for Chapter 12 as of the article date. The clerk can also charge for later services or events, including certain amendments, record searches, copies, certifications, complaints, conversions, and motions to reopen.
The filing fee is only the fixed starting point
Individual bankruptcy filers generally complete approved credit counseling before filing and a separate debtor-education course after filing, subject to limited statutory exceptions. Approved providers may charge for these services, but their charges are separate from the court fee.
The United States Trustee Program requires an approved credit-counseling agency to disclose its fees and its waiver or reduction policy before counseling begins. Its guidance also states that services are available free or at a reduced rate based on ability to pay and that household income below 150% of the poverty level creates a presumption for a waiver or reduction.
Attorney compensation is separate from the court’s filing fee.
Federal law requires a debtor’s attorney to disclose compensation paid or agreed upon for bankruptcy-related services when the agreement or payment falls within the statutory period. A court may cancel the agreement or order the return of the excessive portion if the compensation exceeds the reasonable value of the services.
Costs may also reflect the issues that require professional work. For related context, TheFirstFile’s overview of student debt and bankruptcy discusses one specialized debt category.
Paying the filing fee in installments
An individual who files a voluntary petition may apply to pay the filing fee in installments by using Official Form 103A. The proposed schedule is not automatic; the court may approve it, require a different schedule, or order payment in full.
Federal Rule of Bankruptcy Procedure 1006 permits no more than four installments. Ordinarily, the last payment must be made within 120 days after filing, although the court may extend the deadline for cause to no later than 180 days after filing.
Until the filing fee is paid in full, the debtor or Chapter 13 trustee may not make an additional payment for services connected with the case to an attorney or another person. Missing an installment can result in dismissal after notice and a hearing.
When the Chapter 7 filing fee may be waived
Congress authorized a waiver only for an individual filing under Chapter 7. The court must find that the individual’s income is below 150% of the official poverty line applicable to the family size and that the individual cannot pay the fee in installments.
Official Form 103B asks for information about family size, income, public assistance, property, monthly expenses, payments to an attorney or petition preparer, and the reason installment payments are not possible. Filing the application does not itself erase the fee: the court may grant the waiver, require installment payments, order full payment, or set a hearing.
The poverty guideline changes over time, so the relevant family size and current guideline matter. The waiver rule should not be reduced to a permanent dollar cutoff.
Why total bankruptcy costs vary
A useful cost estimate separates the court fee, required course charges, attorney compensation, expected records or valuations, and work excluded from any quoted legal fee. That structure makes clear which amount is fixed nationwide and which amounts depend on the particular services and events involved.
Sources
- Bankruptcy Court Miscellaneous Fee Schedule
- 28 U.S.C. § 1930 — Bankruptcy fees
- Federal Rule of Bankruptcy Procedure 1006
- Official Form 103A — Installment application
- Official Form 103B — Chapter 7 fee-waiver application
- 11 U.S.C. § 329 — Debtor’s transactions with attorneys
- U.S. Trustee Program credit-counseling FAQ
