It is one of the bitter ironies of the system: filing for relief from debt costs money. The bankruptcy court charges a filing fee for every case, and while the amounts are modest compared to what is at stake, they are real obstacles for people whose budgets are already broken. Congress built two pressure valves, installment payments and, in Chapter 7, a full waiver, and knowing how they work keeps the fee from delaying relief.
Court costs and filing fees may apply in every case and are explained in writing before any case begins. Here is the full picture.
The court's filing fees
Filing fees are set nationally by statute and the Judicial Conference, and they adjust from time to time. As of this writing, the standard totals, including administrative fees, are:
| Case type | Total filing fee |
|---|---|
| Chapter 7 | $338 |
| Chapter 13 | $313 |
| Chapter 11 (including Subchapter V) | $1,738 |
A few related fees come up during cases: converting a case between chapters carries a fee in some directions, reopening a closed case costs roughly the original filing fee, and amending schedules to add creditors carries a small charge. Always confirm current amounts with the court before filing; the numbers above are the ones in effect as this is written, and they change periodically.
Paying in installments
You do not need the full fee on filing day. Federal rules let individual filers apply to pay the filing fee in up to 4 installments over 120 days after filing, extendable to 180 days for cause. The application is a standard form filed with the petition, and approval is routine.
Two warnings. First, miss an installment and the case is subject to dismissal, and a dismissal carries its own costs to your future protections, as explained in our guide to dismissal versus discharge. Second, until the fee is paid in full, you generally cannot pay your attorney post-petition amounts ahead of the court. Build the installment schedule realistically.
The Chapter 7 fee waiver
Chapter 7 filers at the bottom of the income scale can ask the court to waive the filing fee entirely, the bankruptcy version of in forma pauperis status. Two requirements, both must be met:
- Household income below 150 percent of the federal poverty line for your household size, and
- Inability to pay the fee in installments.
The application requires a detailed financial disclosure, and judges rule on it case by case, sometimes after a short hearing. If the waiver is denied, courts typically allow installments instead. There is no equivalent waiver in Chapter 13, on the logic that a filer proposing a multi-year repayment plan can fold the fee into the case, and Chapter 13 filing fees can effectively be handled through the plan structure.
The other costs of a case
The filing fee is not the only line item, and an honest budget includes the rest:
- Credit counseling and debtor education. The two required courses, described in our guides to the credit counseling requirement and the financial management course, typically run about $10 to $50 each, with provider fee waivers available for low-income filers.
- Credit reports and document costs. Pulling a complete creditor list and records is part of competent preparation.
- Attorney fees. These vary by chapter and complexity. In Chapter 7 they are typically paid before filing, because pre-petition fee agreements for post-petition payment are themselves dischargeable. In Chapter 13, much of the fee is commonly paid through the plan rather than up front. Whatever the arrangement, you should see it in writing before the case begins, with court costs and filing fees spelled out alongside.
Fee timing in an emergency filing
A case filed in a hurry, the skeleton filing used when a foreclosure sale or a garnishment hearing is days away, owes the clerk the same fee as any other case. The pressure valve still works: the installment application can be filed together with the emergency petition, so the case goes on the docket and the automatic stay takes effect while the fee is paid over the following months. What you cannot do is skip both; the clerk will accept the petition, but the court will quickly demand either payment or the application. If timing is tight, prepare the installment application alongside the petition rather than after it.
Why people overestimate the cost barrier
Surveys of filers consistently find the same hesitation: people delay filing for months or years because the process costs money, while paying minimums on debts the case would discharge. The arithmetic usually favors relief sooner. A single garnishment cycle often exceeds the entire filing fee; months of minimum payments on discharged-to-be balances can exceed the full cost of a case. None of this means filing is right for everyone, but the fee itself is rarely the true obstacle once installments and waivers are on the table.
The cost question also interacts with chapter choice: filing fees differ, attorney fee structures differ, and the timing of payment differs. It is one more input into the framework we lay out in which bankruptcy chapter fits you.
See your options
A clear cost picture belongs at the start, not the end: every fee and cost in our cases is explained in writing before anything begins. Get your first read with the free 3-minute options check, or call Recalde Fresh Start at (305) 792-9100.