Chapter 13 Total Cost
Filing fee $313 | Trustee takes 3-10%
Complete Itemized Cost Breakdown
Chapter 13 - Every Required Expense
Critical distinction: The numbers above are the cost of the bankruptcy itself - separate from your plan payments to creditors. Your total monthly payment covers attorney fees + trustee commission + creditor distributions, all bundled into one check to the trustee.
Court Filing Fee: $313
The Chapter 13 filing fee is $313 in all federal bankruptcy courts. Unlike Chapter 7, the Chapter 13 filing fee cannot be waived. However, you can request to pay it in up to four installments over 120 days by filing Form 103A with your petition.
No fee waiver for Chapter 13. The fee waiver provision in 28 U.S.C. section 1930(f) applies only to Chapter 7. If you cannot afford the $313 filing fee, the installment option is your only alternative.
Attorney Fees: $2,500 - $5,000
Chapter 13 attorney fees are significantly higher than Chapter 7 because the case lasts 3-5 years and requires ongoing management: plan modifications, motions for relief, trustee objections, and annual tax return reviews.
Average Chapter 13 Attorney Fees by Region
| Region / Market | Typical Fee Range | No-Look Fee |
|---|---|---|
| Rural / small town | $2,500 - $3,500 | $3,000 - $3,500 |
| Mid-size metro | $3,000 - $4,000 | $3,500 - $4,000 |
| Large metro | $3,500 - $5,000 | $4,000 - $4,500 |
| Major metro (NYC, LA, SF) | $4,000 - $6,000+ | $4,500 - $5,500 |
What Is a "No-Look" Fee?
Many bankruptcy courts set a no-look fee - a presumptive reasonable amount that attorneys can charge without filing a detailed fee application. If the attorney charges at or below the no-look fee, the court approves it automatically. If they charge more, they must justify the excess with itemized time records.
No-look fees typically range from $3,000 to $5,000 depending on the district. Ask your attorney what the local no-look fee is and whether they charge it.
How Attorney Fees Are Paid in Chapter 13
This is the key advantage of Chapter 13 for people who cannot afford to pay an attorney upfront:
- Small retainer at signing - typically $0 to $500 (some attorneys charge nothing upfront)
- Remaining balance through the plan - the attorney's fee is included in your monthly plan payment to the trustee
- Trustee distributes to attorney - the attorney is paid as a priority administrative claim over 3-5 years
- Attorney is paid even if case fails - if your case is dismissed, the attorney keeps fees already received through the plan
The dismissal risk. Approximately 40-50% of Chapter 13 cases are dismissed before completion nationally. If yours is dismissed, you will have paid attorney fees and plan payments for months or years with no discharge. The attorney keeps what they received. This is the single largest hidden cost of Chapter 13.
Chapter 13 Trustee Fee: 3-10% of Plan Payments
The Chapter 13 trustee is a court-appointed official who receives your monthly payment, takes a commission, and distributes the remainder to your creditors and attorney. The trustee's commission is authorized by 28 U.S.C. section 586(e) and is typically 3-10% of all payments made under the plan.
Trustee Fee Examples
| Monthly Payment | Plan Length | Total Payments | Trustee Fee (7%) |
|---|---|---|---|
| $300/month | 3 years | $10,800 | $756 |
| $500/month | 5 years | $30,000 | $2,100 |
| $800/month | 5 years | $48,000 | $3,360 |
| $1,200/month | 5 years | $72,000 | $5,040 |
The trustee fee is not paid separately - it is included in your plan payment. But it means less of each payment goes to your creditors, which can extend the time needed to complete the plan or reduce the total amount creditors receive.
"No Money Down" Chapter 13 - What It Really Means
Many bankruptcy attorneys advertise "no money down" or "$0 down" Chapter 13 filings. Here is what that actually means:
| What You Pay Before Filing | What You Pay Through the Plan |
|---|---|
| Credit counseling: $15-$50 | Attorney fees: $2,500-$5,000 |
| Filing fee: $313 (or installments) | Trustee commission: 3-10% |
| Retainer: $0-$500 | Creditor payments (your debts) |
"No money down" means the attorney does not require their full fee before filing. You still owe the filing fee and credit counseling cost. The attorney's fee is then paid through the plan - but this is not free money. It comes out of the same monthly payment that would otherwise go to creditors.
Why "no money down" can be a warning sign. Some high-volume bankruptcy firms use $0-down advertising to attract large numbers of clients, then provide minimal individual attention. The correlation between aggressive $0-down marketing and high dismissal rates is well-documented in bankruptcy research.
Why Chapter 13 Costs More Than Chapter 7
- Longer case duration: Chapter 7 takes 3-4 months. Chapter 13 lasts 3-5 years. Your attorney manages the case the entire time.
- Plan drafting and modification: The attorney must draft a repayment plan, negotiate with creditors, and file modifications when your income or expenses change.
- Ongoing court involvement: Motions, trustee objections, confirmation hearings, and annual reviews add legal work.
- Trustee commission: Chapter 7 trustees only receive compensation if they liquidate assets. Chapter 13 trustees take a commission on every payment.
- Higher failure rate: The 40-50% dismissal rate means many people pay thousands in attorney fees and plan payments without receiving a discharge.
The Real Cost of Chapter 13 Failure
This is the cost nobody talks about. Consider a scenario where a Chapter 13 case is dismissed after 2 years:
Cost of a Failed Chapter 13 (2 Years Before Dismissal)
After spending over $15,000, you have no discharge. Your remaining debts are still owed. Creditors can resume collection. And if you want to try again, you start over with new filing fees and attorney costs.
Chapter 13 vs. Chapter 7 Cost Comparison
| Factor | Chapter 7 | Chapter 13 |
|---|---|---|
| Filing fee | $338 | $313 |
| Attorney fees | $1,000 - $2,500 | $2,500 - $5,000 |
| When attorney is paid | Before filing | Through plan (3-5 years) |
| Trustee fee | $0 (unless assets) | 3-10% of all payments |
| Fee waiver available | Yes (Form 103B) | No |
| Time to discharge | 3-4 months | 3-5 years |
| Discharge rate | 93%+ | ~50-60% |
See our complete Chapter 7 cost breakdown. Use chapter7vs13.org to compare which chapter is right for your situation.
When Chapter 13 Is Worth the Extra Cost
Despite the higher cost and lower completion rate, Chapter 13 is the right choice in several situations:
- Saving your home: Chapter 13 can cure mortgage arrears over the plan period, stopping foreclosure
- Income too high for Chapter 7: If you fail the means test, Chapter 13 may be your only option
- Prior Chapter 7 within 8 years: You cannot receive a Chapter 7 discharge if you received one in the last 8 years (11 U.S.C. section 727(a)(8))
- Non-exempt assets: Chapter 13 lets you keep property that a Chapter 7 trustee would liquidate
- Co-debtor protection: The Chapter 13 co-debtor stay (11 U.S.C. section 1301) protects co-signers on consumer debts
- Car loan cramdown: If you have owned your vehicle for more than 910 days, you may be able to reduce the loan balance to the vehicle's current value
Frequently Asked Questions
Related Guides
Last updated: April 2026. Discharge rates derived from FJC national data covering 4.9 million cases across 94 federal districts. Not legal advice.
Cited in Federal Rules Suggestions 26-BK-3 and 26-BK-5