Chapter 7 Total Cost
Typically 3-4 months to discharge
Chapter 13 Total Cost
3-5 years of monthly payments
Chapter 7 Cost Breakdown
Chapter 7 - Itemized Costs
Filing Fee Details
The Chapter 7 filing fee of $338 is set by the Judicial Conference and is the same in every federal court. It can be:
- Paid in full at the time of filing
- Paid in installments (up to 4 payments over 120 days, must request at filing)
- Waived entirely if your income is below 150% of the federal poverty guidelines - file Form 103B (Application to Have the Chapter 7 Filing Fee Waived)
Attorney Fee Details
Chapter 7 attorney fees vary by region and complexity:
| Region Type | Typical Fee Range |
|---|---|
| Rural / low cost of living | $750 - $1,200 |
| Mid-size metro | $1,000 - $1,800 |
| Major metro (NYC, LA, Chicago) | $1,500 - $3,000+ |
| Complex cases (business, assets) | $2,000 - $5,000+ |
Chapter 7 attorney fees must be paid before filing. If the attorney collects fees after filing, those fees become property of the bankruptcy estate. Most attorneys offer payment plans leading up to the filing date.
Credit Counseling Costs
Two courses are required by law (BAPCPA, 2005):
- Pre-filing credit counseling - within 180 days before filing. Online, phone, or in-person. $15-$50. Takes about 1 hour.
- Post-filing debtor education - after filing but before discharge. Online. $15-$50. Takes about 2 hours.
Both must be from agencies approved by the U.S. Trustee Program. Fee waivers are available for debtors who cannot afford the course fee.
Chapter 13 Cost Breakdown
Chapter 13 - Itemized Costs
How Chapter 13 Fees Work
Unlike Chapter 7, Chapter 13 attorney fees are typically paid through the bankruptcy plan. This means:
- You may pay little or nothing upfront to the attorney
- The attorney's fee is included in your monthly plan payment
- The fee is paid over 3-5 years alongside your creditors
- The attorney gets paid even if your case is dismissed - this is the critical detail most attorneys won't emphasize
The hidden cost of Chapter 13 failure: Nationally, roughly 40-50% of Chapter 13 cases are dismissed. If your case fails after 2 years, you may have paid $2,000-$3,000 in attorney fees through the plan, plus thousands in trustee distributions - all for no discharge. The attorney was paid. You got nothing. In Chapter 7, the 93%+ success rate means the upfront cost is almost never wasted.
"No-Look" Fee Guidelines
Many bankruptcy courts set a "no-look" fee - a presumptive amount that attorneys can charge for a standard Chapter 13 case without filing a detailed fee application. The attorney simply charges the no-look amount and does not need court approval unless the fee exceeds it.
No-look fees vary by district, typically $3,000 to $5,000. If your attorney charges more than the no-look fee, they must file a fee application explaining why the case justifies a higher fee. You have the right to object.
Side-by-Side Cost Comparison
| Cost Item | Chapter 7 | Chapter 13 |
|---|---|---|
| Filing fee | $338 | $313 |
| Can filing fee be waived? | Yes (Form 103B) | No (installments only) |
| Attorney fees | $1,000-$2,500 | $3,000-$5,000 |
| When are attorney fees due? | Before filing | Through plan (3-5 yrs) |
| Credit counseling (2 courses) | $30-$100 | $30-$100 |
| Trustee fee | None | 7-10% of plan payments |
| Monthly plan payments | None | $200-$2,000+/mo |
| Total direct costs | $1,400-$2,900 | $3,300-$5,400 |
| Discharge rate | 93%+ | ~40-50% |
| Expected cost of failure | ~$0 | $3,000-$10,000+ |
Ways to Reduce the Cost
1. File Pro Se (Without an Attorney)
You have the legal right to file bankruptcy without an attorney. This eliminates attorney fees entirely - your cost is just the filing fee ($338 Chapter 7, $313 Chapter 13) plus counseling ($30-$100). However, pro se filing is risky: bankruptcy law is complex, and errors in schedules, exemption elections, or bankruptcy means test guide calculations can result in case dismissal or loss of property. Pro se is best suited for straightforward Chapter 7 cases with no assets and simple finances.
2. Legal Aid / Pro Bono
Many cities have legal aid organizations that provide free bankruptcy representation to low-income individuals. Contact your local bar association or visit LegalServicesCorporation.org to find legal aid in your area.
3. Fee Waiver (Chapter 7 Only)
If your household income is below 150% of the federal poverty guidelines, you can request a complete waiver of the $338 filing fee by filing Form 103B with your petition. The court decides whether to grant the waiver.
4. Bankruptcy Petition Preparers
A bankruptcy petition preparer (BPP) is a non-attorney who helps you fill out the bankruptcy forms for a fee, typically $150-$200. They cannot provide legal advice - only document preparation. This is a middle ground between full attorney representation and pure pro se filing.
5. Shop Around
Attorney fees are not fixed. Get quotes from at least 3 attorneys. Many offer free initial consultations. Compare their fees to the district's no-look guideline. Ask what is included - some attorneys charge extra for plan modifications, motions, or adversary proceedings. For a comprehensive guide to finding quality representation at a lower price, see our guide to affordable bankruptcy lawyers.
Frequently Asked Questions
Estimate Your Bankruptcy Cost
Use this calculator to get a rough estimate of what filing bankruptcy may cost in your situation. These are national averages - your actual costs may vary.
Estimated Costs - Chapter 7
Chapter 7 attorney fees are paid upfront before filing. The filing fee can be paid in installments.
About This Data
Fee ranges on this page are based on surveys of bankruptcy attorney fees across multiple federal districts, published fee guidelines, and data from the FJC Integrated Database. Discharge rates are derived from national case outcome data covering 4.9 million cases across all 94 federal districts.
This is an educational resource, not legal advice.
Cited in Federal Rules Suggestion 26-BK-3