Quick Answer
Chapter 7 total cost: $370-$440 (pro se) or $1,400-$3,900 (with attorney). Chapter 13 total cost: $345-$415 (pro se) or $3,300-$6,400 (with attorney). The court filing fee is $338 (Ch. 7) or $313 (Ch. 13). Fee waivers are available for Chapter 7 filers below 150% of the poverty line.
Court Filing Fees
The federal court filing fee is the one cost every bankruptcy filer must pay (unless waived). These fees are set by the Judicial Conference of the United States and are uniform across all 94 federal judicial districts:
| Chapter | Filing Fee | Fee Waiver? | Installments? |
|---|---|---|---|
| Chapter 7 | $338 | Yes (income below 150% FPL) | Yes (up to 4 payments) |
| Chapter 13 | $313 | No | Yes (up to 4 payments) |
| Chapter 11 | $1,738 | No | No |
| Chapter 12 | $278 | No | Yes |
Fee waiver (Chapter 7 only): Under 28 U.S.C. § 1930(f), if your income is below 150% of the federal poverty guidelines, you can apply for a complete fee waiver using Official Form 103B. The court will review your financial situation and grant or deny the waiver. If denied, you can still request an installment plan.
Attorney Fees
Attorney fees are typically the largest single expense in a bankruptcy case. They vary significantly by geographic location, case complexity, and attorney experience:
Chapter 7 Attorney Fees
Chapter 7 attorney fees typically range from $1,000 to $3,500, with the national average around $1,500-$2,000 for straightforward consumer cases. Fees are generally due in full before filing because once the case is filed, the attorney's prepetition claim for fees could be discharged.
Chapter 13 Attorney Fees
Chapter 13 attorney fees typically range from $2,500 to $6,000 or more. Many districts have "no-look" or presumptive fee amounts -- a standard fee that the court will approve without requiring a detailed fee application. The advantage for Chapter 13 filers is that attorney fees can typically be paid through the plan over 3-5 years rather than upfront.
11 U.S.C. § 329: All attorney fees in bankruptcy are subject to court review and approval. If the court finds that fees are unreasonably high, it can order the attorney to return the excess to the estate. Attorneys must file a disclosure of compensation (Rule 2016(b)) within 14 days of the petition.
Watch out for "no money down" firms: Some high-volume bankruptcy firms advertise "no money down" Chapter 13 filings. While this sounds attractive, these firms sometimes charge higher total fees that are built into the plan, and high-volume practices may not give your case the attention it deserves. Research has shown that attorney choice significantly affects Chapter 13 completion rates.
Credit Counseling Costs
BAPCPA requires two mandatory courses, each from a provider approved by the U.S. Trustee Program:
- Pre-filing credit counseling (11 U.S.C. § 109(h)): Must be completed within 180 days before filing. Takes 60-90 minutes. Cost: $15-$50. Available online, by phone, or in person. Low-income debtors may qualify for a fee waiver from the provider.
- Post-filing debtor education (11 U.S.C. § 111): Must be completed before discharge. Takes approximately 2 hours. Cost: $15-$50. Different provider required from the pre-filing course.
Approved providers are listed at the U.S. Trustee website.
Additional and Hidden Costs
Beyond the obvious fees, be aware of potential additional expenses:
- Credit report: You need to pull your credit report to ensure all creditors are listed. Free annually at annualcreditreport.com, but additional copies may cost $10-$15 each.
- Document preparation: If you do not use an attorney, a bankruptcy petition preparer (non-attorney) can help complete forms for $100-$200. However, they cannot give legal advice.
- Tax return preparation: You need to file tax returns for the prior 2 years. If you have not filed, preparation costs depend on complexity.
- Property appraisals: If the trustee questions property values, you may need a professional appraisal ($200-$500 for real estate, $75-$150 for vehicles).
- Post-filing motions: Some attorneys charge separately for motions filed after the case opens, such as motions to avoid liens, objections to claims, or adversary proceedings.
- Mortgage reinstatement fees: In Chapter 13, the mortgage servicer may charge reinstatement and legal fees on top of the arrears, which become part of the cure amount.
- Plan modification fees: If your Chapter 13 plan needs to be modified (due to income change, job loss, etc.), your attorney may charge an additional fee.
Total Cost Summary
| Category | Chapter 7 (with attorney) | Chapter 13 (with attorney) | Pro Se (either chapter) |
|---|---|---|---|
| Filing fee | $338 | $313 | $313-$338 |
| Attorney fees | $1,000-$3,500 | $2,500-$6,000 | $0 |
| Credit counseling | $30-$100 | $30-$100 | $30-$100 |
| Other costs | $0-$200 | $0-$500 | $0-$200 |
| Total range | $1,370-$4,140 | $2,845-$6,915 | $345-$640 |
For a detailed comparison, see filebankruptcywithoutlawyer.com for pro se filing guidance.
Ways to reduce costs: Apply for a fee waiver (Chapter 7, income below 150% FPL). Pay the filing fee in installments. Use free legal aid if you qualify. Take credit counseling from a low-cost approved provider. If hiring an attorney, get quotes from multiple firms and ask about flat-fee arrangements.
Frequently Asked Questions
How much does it cost to file bankruptcy?
Chapter 7 with an attorney: $1,400-$4,100. Chapter 13 with an attorney: $2,800-$6,900. Pro se (without attorney): $345-$640. The filing fee is $338 (Ch. 7) or $313 (Ch. 13).
What is the bankruptcy filing fee?
$338 for Chapter 7, $313 for Chapter 13, $1,738 for Chapter 11, and $278 for Chapter 12. Fee waivers are available for Chapter 7 filers with income below 150% of the poverty line.
How much do bankruptcy lawyers charge?
Chapter 7: $1,000-$3,500. Chapter 13: $2,500-$6,000+. Fees vary by location and complexity. All attorney fees are subject to court approval under 11 U.S.C. § 329. Many Chapter 13 fees can be paid through the plan.
Can I get a fee waiver for bankruptcy?
Chapter 7 filers with income below 150% of the federal poverty guidelines can apply using Official Form 103B. If the waiver is denied, installment payments (up to 4 over 120 days) are available. Chapter 13 filers cannot get a waiver but can pay in installments.
Are there hidden costs in bankruptcy?
Potential additional costs include credit report fees, property appraisals, post-filing motions, mortgage reinstatement fees (Chapter 13), and plan modification fees. Ask your attorney for a complete cost estimate upfront.