How Much Does It Cost to File Bankruptcy?
Filing bankruptcy requires paying court fees that are set by federal statute and by the Judicial Conference's Miscellaneous Fee Schedule. Bankruptcy courts list a total of $338 to file Chapter 7 and $313 to file Chapter 13. Individuals may ask to pay in installments, and a Chapter 7 filer with income below 150 percent of the poverty line who cannot pay in installments may ask the court to waive the fee. Attorney fees and course fees are separate and not covered here.
What the law says
- The federal statute sets the base case filing fee at $245 for a case under Chapter 7, $235 for Chapter 13, $1,167 for a Chapter 11 case that does not concern a railroad, and $200 for Chapter 12. 28 U.S.C. § 1930 (via Cornell LII)
- On top of the filing fee, the Bankruptcy Court Miscellaneous Fee Schedule (effective December 1, 2023) charges an administrative fee of $78 for filing a petition under Chapter 7, 12, or 13, and $571 for a petition under Chapter 9, 11, or 15. U.S. Courts, Bankruptcy Court Miscellaneous Fee Schedule
- The Miscellaneous Fee Schedule also charges a $15 trustee surcharge for filing a Chapter 7 petition. U.S. Courts, Bankruptcy Court Miscellaneous Fee Schedule
- Example (District of Columbia): the bankruptcy court lists filing fees of $338.00 for Chapter 7, $313.00 for Chapter 13, $278.00 for Chapter 12, and $1,738.00 for Chapter 11. U.S. Bankruptcy Court for the District of Columbia, Filing Fees
- Example (Western District of Louisiana): the court says the current Chapter 7 filing fee is $338, which includes a $245 filing fee, a $78 administrative fee, and a $15 surcharge, and the current Chapter 13 filing fee is $313. U.S. Bankruptcy Court, Western District of Louisiana, Filing Fees for Chapter 7 and Chapter 13
- By statute, an individual commencing a voluntary case or a joint case may pay the filing fee in installments. 28 U.S.C. § 1930 (via Cornell LII)
- U.S. Courts says the number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition; the court may extend an installment for cause, as long as the last one is paid within 180 days after filing. U.S. Courts, Chapter 7 - Bankruptcy Basics
- For a joint petition by spouses, U.S. Courts says only one filing fee, one administrative fee, and one trustee surcharge are charged. U.S. Courts, Chapter 7 - Bankruptcy Basics
- The court may waive the Chapter 7 filing fee for an individual whose income is less than 150 percent of the official poverty line applicable to the family's size and who is unable to pay the fee in installments. 28 U.S.C. § 1930 (via Cornell LII)
- Failure to pay the fees may result in dismissal of the case. U.S. Courts, Chapter 7 - Bankruptcy Basics
FAQ
Can I get the fee waived in Chapter 13?
The statutory fee-waiver provision applies to the filing fee in a Chapter 7 case for an individual who meets the income test and cannot pay in installments.
How do I ask to pay in installments or get a waiver?
One bankruptcy court's fee page points to Official Form 103A (Application for Individuals to Pay the Filing Fee in Installments) and Official Form 103B (Application to Have the Chapter 7 Filing Fee Waived).
Is there a fee to convert a case from Chapter 13 to Chapter 7?
The Miscellaneous Fee Schedule lists a $10 fee for converting a Chapter 13 case to Chapter 7, and a $45 fee for converting a Chapter 12 case to Chapter 7.
What does it cost to reopen a closed case?
The Miscellaneous Fee Schedule lists reopening fees of $245 for Chapter 7, $235 for Chapter 13, $200 for Chapter 12, and $1,167 for Chapter 9, 11, or 15, and says the court may waive this fee under appropriate circumstances.
Where can I find the exact fee for my court?
Each bankruptcy court posts its own fee page; for example, the District of Columbia bankruptcy court lists its filing fees by chapter.
Related
- Can You File Bankruptcy on Student Loans?
- Chapter 7 vs. Chapter 13 Bankruptcy
- Do I Need a Lawyer for Bankruptcy?
- How Long Does Bankruptcy Stay on Your Credit Report?
- How Much Does a Bankruptcy Lawyer Cost?
- How Often Can You File Bankruptcy?
- What Happens When You File for Bankruptcy?
- What Is Chapter 13 Bankruptcy?
- What Is Chapter 7 Bankruptcy?
- Bankruptcy by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.