How much does it cost to file bankruptcy?

Bankruptcy has two separate costs. The first is the court filing fee, set by the federal courts -- roughly $338 for a Chapter 7 case and about $313 for a Chapter 13 case (these are updated periodically, so check the current amount). If you cannot afford it, you can usually pay it in installments, and in Chapter 7 you can apply for a full fee waiver if your household income is below 150% of the federal poverty line. The second cost is attorney fees, which vary a great deal by location and case complexity; Chapter 7 attorney fees are typically paid up front, while Chapter 13 fees are often built into your repayment plan so you pay little or nothing out of pocket to start. The required credit-counseling and debtor-education courses cost a small fee that is often reduced or waived for low-income filers. Cost should not be the reason you avoid relief you qualify for. This is general information, not legal advice; talk to a bankruptcy attorney licensed in your state.

The court filing fee

Every bankruptcy case has a filing fee set by the federal courts, not by your attorney. As a rough guide it runs about $338 for a Chapter 7 case and about $313 for a Chapter 13 case. These amounts are fixed nationally and updated from time to time, so confirm the current figure on your district court's site or at uscourts.gov before you file.

That fee covers the court's handling of your case from filing through discharge. It is the same whether you file on your own or through an attorney -- it is separate from any lawyer's fee.

This is general information, not legal advice. Fees change and your situation may differ, so confirm the current amounts and talk to a bankruptcy attorney licensed in your state.

If you can't afford the filing fee

The court fee is not meant to lock anyone out of relief, and there are three ways to handle it:

Pay in installments. In most consumer cases you can ask the court to let you pay the filing fee in several installments over a few months instead of all at once.
Apply for a full waiver (Chapter 7). If your household income is below 150% of the federal poverty line and you cannot pay even in installments, you can file an application to have the Chapter 7 fee waived entirely. The court decides based on your income and circumstances.
Roll it into a Chapter 13 plan. In Chapter 13, the filing fee and much of your attorney's fee can be paid through your court-approved repayment plan rather than up front.

Attorney fees

For most people, the lawyer is the larger cost -- but it is also the part with the most variation, so no honest source can quote you a single number. Attorney fees depend on where you live, how complex your case is, and which chapter you file. A few realities worth knowing:

Chapter 7 fees are usually paid up front, because the lawyer cannot collect a pre-filing debt after your case discharges it.
Chapter 13 fees are often built into your repayment plan, which is why some people start a Chapter 13 with little money out of pocket.
Simpler cases cost less. A straightforward, no-asset Chapter 7 with only unsecured debt generally costs less in attorney time than a contested case or one with a business, real estate or disputes.

Whether an attorney is worth it -- and when you can file on your own -- is covered in do I need a lawyer to file bankruptcy.

The required course fees

Federal law requires two courses: credit counseling before you file and a debtor-education course before discharge. Each charges a small fee, but approved nonprofit providers must reduce or waive the fee for filers who cannot afford it. Use an agency approved by the U.S. Trustee Program and ask about a fee waiver if money is tight.

Don't let cost stop you from getting help

It is a cruel irony that filing for bankruptcy costs money when you have none -- but between fee waivers, installments and Chapter 13 plans, the system is built so that cost rarely has to be the deciding factor. If you cannot afford a private attorney, contact local legal aid, a law-school clinic, or your court's self-help center for free or low-cost help.

Before you spend anything, make sure bankruptcy is the right tool for your debt. For unsecured balances like credit cards and medical bills, our neutral which debt relief option tool helps you compare bankruptcy with other paths -- and remember that a debt-settlement company is never a substitute for legal advice or for the right channel on federal, tax or support debt.