How Much Does It Cost to File Bankruptcy
Filing Chapter 7 bankruptcy costs between $1,500 and $4,000 total in 2026. Chapter 13 runs higher at $2,500 to $6,000. These ranges include court filing fees, mandatory credit counseling courses, and attorney fees which make up the bulk of the expense.
| Cost Component | Chapter 7 | Chapter 13 |
|---|---|---|
| Court filing fee | $338 | $313 |
| Credit counseling pre-filing | $25-50 | $25-50 |
| Debtor education post-filing | $25-50 | $25-50 |
| Attorney fees typical | $1,200-$3,500 | $2,500-$5,500 |
| Total typical range | $1,500-$4,000 | $2,500-$6,000 |
Court Filing Fees by Chapter
The federal court charges $338 to file Chapter 7 bankruptcy and $313 for Chapter 13 as of 2026. These fees are set by statute and apply uniformly across all federal bankruptcy courts nationwide. The Chapter 7 fee increased from $306 in previous years.
Individuals who cannot afford filing fees can request a fee waiver if household income falls below 150% of the federal poverty guidelines. Fee installment plans allow payment in up to four installments within 120 days of filing.
Additional Court Costs
Beyond the basic filing fee, certain motions and requests carry additional charges. Converting from one chapter to another costs around $25. Reopening a closed case runs $260 for Chapter 7 and $235 for Chapter 13. These additional fees apply only in specific circumstances.
Attorney Fees and What They Include
Attorney fees represent the largest bankruptcy expense. Chapter 7 attorneys typically charge $1,200 to $3,500 depending on case complexity and geographic location. Urban areas and complex asset situations push fees toward the higher end.
Chapter 13 attorney fees run higher at $2,500 to $5,500 because the case requires ongoing work over 3 to 5 years. Plan modifications, trustee communications, and court appearances throughout the case justify the increased cost.
Standard attorney fees include initial consultation, document preparation, petition filing, 341 meeting attendance, and basic creditor communication. Additional services like adversary proceedings, lien stripping motions, or appeals cost extra.
Credit Counseling Course Costs
Federal law requires two separate courses. Pre-filing credit counseling must be completed within 180 days before filing. Post-filing debtor education must be completed before discharge. Each course costs $25 to $50 through approved providers.
The Department of Justice maintains a list of approved credit counseling agencies at justice.gov. Some agencies offer free courses for filers below certain income thresholds. Online courses take 60 to 90 minutes to complete.
Ways to Reduce Bankruptcy Costs
Filing pro se eliminates attorney fees entirely but carries significant risks. Mistakes in paperwork can result in case dismissal, loss of exemptions, or failure to discharge certain debts. Pro se filing works best for simple cases with no assets and straightforward debt.
Legal aid organizations provide free bankruptcy assistance to qualifying low-income individuals. Law school clinics offer supervised representation at reduced costs. These options require meeting income guidelines and often have waitlists.
Payment plans from attorneys spread costs over time. Many Chapter 7 attorneys accept payment plans leading up to filing. Chapter 13 uniquely allows attorney fees to be included in the repayment plan, reducing upfront costs significantly.
Chapter 7 vs Chapter 13 Cost Comparison
Chapter 7 costs less overall but requires full payment before filing. Attorneys cannot file the petition until their fee is paid because debt incurred immediately before filing creates problems. Budget $1,500 to $4,000 cash before starting the process.
Chapter 13 has lower upfront costs because attorney fees roll into the repayment plan. You might pay just $500 to $1,000 initially with the remaining fees paid through monthly plan payments over 3 to 5 years. Total cost runs higher but cash needed today is lower.
"Don't let cost alone determine which chapter you file. The wrong chapter can cost far more than the price difference between attorney fees." — Jeffy Goetz, Bankruptcy Attorney
FAQ
Can I file bankruptcy for free?
Court filing fees can be waived if your income falls below 150% of the federal poverty guidelines. Attorney fees still apply unless you file pro se or qualify for legal aid assistance.
Why do Chapter 13 attorneys charge more?
Chapter 13 cases last 3 to 5 years and require ongoing attorney involvement for plan modifications, motions, trustee communications, and court appearances throughout the case.
Can I pay bankruptcy attorney fees over time?
Chapter 7 requires full payment before filing in most cases. Chapter 13 allows attorney fees to be included in your repayment plan, significantly reducing upfront costs.
What is included in bankruptcy attorney fees?
Standard fees cover consultation, document preparation, court filings, 341 meeting attendance, and basic communication with creditors. Complex matters cost extra.
Are bankruptcy costs tax deductible?
Generally no. Personal bankruptcy costs are not deductible. Business bankruptcy costs may be deductible as ordinary business expenses.
Should I use a cheap bankruptcy attorney?
Low fees sometimes indicate high volume practices with less individual attention. Ask what services are included and check reviews before choosing based on price alone.
Updated 2026-01-28