How Much Does It Cost to File for Bankruptcy?

Filing fees for bankruptcy

When people talk about the cost of bankruptcy, they often mix together court fees and attorney fees. They are not the same. At a minimum, every filer is responsible for court filing fees — paid directly to the bankruptcy court — and credit counseling costs. 

As of publication, the basic total filing fee is $338 for Chapter 7 and $313 for Chapter 13. That includes the actual filing fee, administration fees and mandatory surcharges. But other court services can add hundreds of dollars or more to your costs, depending on the type of bankruptcy you file.

Examples of additional court fees

The U.S. Courts may charge for specific services throughout your case. The following table outlines common administrative fees accurately as of publication, but note that this list is not exhaustive of every fee you might encounter.

Attorney fees and their impact

Some people choose to represent themselves to save money, but most hire an attorney to navigate the legal process. This adds a significant layer of expense that can be hard to predict. The total often depends on where you live, how complicated your case is, whether you have significant assets and which chapter you file.

While some attorneys charge a flat rate for bankruptcy services, others charge a high hourly rate. But in general, you can expect to pay over $1,000 for legal help, even for the most basic bankruptcy case.

Chapter 7 bankruptcy remains on your credit report for up to 10 years, while a Chapter 13 bankruptcy stays for up to seven years. Proper legal guidance can help navigate these complexities, potentially saving you more in the long run than the cost of attorney fees.

Research by Nolo suggests that many Chapter 7 filers pay about $1,500 to $2,500 in attorney fees upfront, while Chapter 13 filers often pay about $2,500 to $3,500, with higher costs possible depending on location and case complexity. Chapter 13 fees are usually built into your monthly debt repayment plan.

While these costs are high, hiring an attorney ensures that your dischargeable debts are handled correctly. (Bankruptcy doesn't eliminate all debts; obligations like student loans, child support, alimony and certain taxes are typically nondischargeable.) Mistakes in filing can delay the process or affect your property and repayment obligations.

» LEARN: How much debt do you need to file for bankruptcy?

Additional costs of filing for bankruptcy

Beyond court and attorney fees, bankruptcy usually includes a few smaller required or case-specific expenses. These costs aren't the biggest line items, but they can still affect your budget at a time when cash is already tight:

• Credit counseling fees: You’re typically required to attend at least one credit counseling session before filing. You can work with a credit counselor or take an online class, and classes usually cost under $100. The U.S. Department of Justice maintains a list of approved agencies you can use.
• Debt education course: After filing, you must complete a second course on financial management. General costs range from $10 to $100, depending on the provider.
• Asset sale fees: In some Chapter 7 cases, a court-appointed trustee will sell your nonexempt assets to pay creditors. The sale of these assets can involve additional administrative or transaction fees. 

» MORE: How long does it take to recover from bankruptcy?

Strategies to reduce bankruptcy costs

If you’re struggling to afford the thousands of dollars required to file, several programs can help lower the barrier to entry. The right approach depends on your income, the chapter you file and how complex your case is:

• Look into legal aid: Legal aid groups and nonprofit organizations offer low-cost or even free consultations to help you with the basics of bankruptcy. From reviewing your finances to advising you on your next steps, real legal help may be available without spending thousands. This can be especially useful for straightforward Chapter 7 cases.
• Ask about fee waivers: Some Chapter 7 filers with income below 150% of the federal poverty guidelines may qualify for a filing fee waiver. Chapter 13 doesn’t offer the same waiver, but courts may allow installment payments.
• Compare attorney pricing carefully: Some bankruptcy lawyers charge flat fees, while others bill differently depending on case complexity. Ask what's included so you can compare quotes more accurately.
• Represent yourself if your case is simple: You can choose to file "pro se" (without an attorney), though it’s risky due to the complexity of bankruptcy law. Free online tools like Upsolve can help you navigate the paperwork if you cannot afford a lawyer.

FAQ

Alternatives to filing for bankruptcy

Bankruptcy provides real long-term relief, but it is not the only path for someone struggling with debt. Alternatives can lower payments, buy time or help you avoid having to file bankruptcy altogether. Before committing to bankruptcy, consider whether one of these debt management strategies could help with less impact on your credit.