Bankruptcy Fee Waivers:
How to File for Free

Overview: What Can Be Waived or Reduced

The cost of bankruptcy comes from three main sources: the court filing fee, attorney fees, and credit counseling courses. Each one has a pathway to reduction or elimination. Here is the summary:

If you qualify for all available waivers and free services, it is possible to file Chapter 7 bankruptcy with zero out-of-pocket cost. This page walks through each pathway in detail.

Form 103B: Chapter 7 Filing Fee Waiver

Form 103B -- officially titled "Application to Have the Chapter 7 Filing Fee Waived" -- is the primary mechanism for eliminating the $338 court filing fee. It is available only for Chapter 7 filers.

Eligibility Requirements

To qualify for a fee waiver, you must demonstrate all of the following:

1. Income below 150% of federal poverty guidelines. Your total household income from all sources must fall below the threshold for your household size (see table below).
2. Unable to pay in installments. You must show that even paying in 4 installments over 120 days would be a hardship.
3. No non-exempt assets. If you own significant assets that could be sold to pay the filing fee, the court may deny the waiver. However, assets protected by bankruptcy exemptions (such as a modest car or necessary household goods) do not disqualify you.

150% Federal Poverty Guidelines (2026)

The Department of Health and Human Services publishes updated poverty guidelines each January. The following table shows the 150% threshold for the 48 contiguous states and D.C. (Alaska and Hawaii have higher guidelines):

How to Apply: Step by Step

1. Download Form 103B from the U.S. Courts website or your local bankruptcy court's forms page.
2. Complete the form carefully. You will need to provide:
   • Your total monthly income from all sources (wages, government benefits, support, etc.)
   • Your monthly expenses (rent/mortgage, food, utilities, transportation, medical, etc.)
   • Any assets you own (bank accounts, vehicles, real estate, personal property)
   • Your household size and dependents
3. File with your bankruptcy petition. Form 103B should be filed at the same time as your petition and schedules. Some courts allow it to be filed shortly after the petition if needed.
4. The court reviews and decides. A bankruptcy judge will review your application. The court may:
   • Grant the waiver -- the filing fee is eliminated entirely
   • Deny the waiver but allow installments -- you pay $338 in up to 4 installments over 120 days
   • Deny the waiver entirely -- you must pay the full $338 (this is rare when the applicant genuinely qualifies)

What Happens If the Waiver Is Denied

If the court denies your fee waiver request, you will not be penalized for asking. The court will typically order you to pay the filing fee in installments. You will not be held in contempt or have your case dismissed simply for requesting a waiver. The worst-case outcome is that you pay the fee on the same terms you would have if you had not asked for a waiver.

Installment Payments (Form 103A)

If you do not qualify for a fee waiver -- or if you are filing Chapter 13 (where waivers are not available) -- you can request to pay the filing fee in installments.

How Installments Work

• File Form 103A (Application to Pay the Filing Fee in Installments) with your petition.
• The court allows up to 4 installment payments over 120 days.
• The first payment is typically due within 14 days of filing.
• Remaining payments are spaced at approximately 30-day intervals.
• You cannot choose Form 103A and Form 103B simultaneously -- if your fee waiver is denied, the court will typically convert your request to installments automatically.

Credit Counseling Fee Waivers

Federal law (BAPCPA, 2005) requires two courses before you can receive a bankruptcy discharge:

1. Pre-filing credit counseling -- Must be completed within 180 days before filing. Typically 1 hour. Cost: $15-$50.
2. Post-filing debtor education -- Must be completed after filing but before discharge. Typically 2 hours. Cost: $15-$50.

Both courses must be taken from agencies approved by the U.S. Trustee Program.

How to Get the Fee Reduced or Waived

Approved credit counseling agencies are required by law to provide services at reduced or no cost to individuals who cannot afford the standard fee. Here is how:

• Contact the agency before enrolling and explain your financial situation. Most agencies have a fee waiver or reduction form.
• Provide income documentation if requested -- a pay stub, benefits letter, or self-certification of income.
• Ask specifically for the fee waiver. Some agencies do not advertise this option prominently, but they are required to offer it.
• If one agency denies your request, try another. Different agencies have different policies for how they evaluate fee waiver requests.

Many online credit counseling providers offer courses for $15 or less, and some waive the fee entirely for individuals receiving government assistance (SSI, SNAP, Medicaid, etc.).

Free Attorney Representation

Attorney fees are the largest cost in bankruptcy ($1,000-$2,500 for Chapter 7, $3,000-$5,000 for Chapter 13). If you cannot afford an attorney, several pathways exist for free representation:

1. Legal Aid Organizations

Legal aid organizations provide free civil legal services to low-income individuals. Many have dedicated bankruptcy programs. To find legal aid in your area:

• Legal Services Corporation (LSC): Visit lsc.gov and enter your zip code. LSC funds 132 legal aid programs across the country.
• LawHelp.org: A state-by-state directory of legal aid programs, including those that handle bankruptcy cases.
• Your local bar association: Most bar associations maintain referral lists of legal aid organizations and pro bono programs.

Legal aid eligibility is typically based on income (usually 125-200% of federal poverty guidelines, depending on the organization). Wait times can be long -- some programs have backlogs of several weeks or months. Apply early.

2. Pro Bono Attorney Programs

Many bar associations operate pro bono panels where practicing attorneys volunteer to handle bankruptcy cases for free. These programs differ from legal aid in that the attorney is typically a private practitioner donating time rather than a staff attorney at a nonprofit.

• Contact your state or local bar association and ask about pro bono bankruptcy programs.
• The American Bar Association maintains a pro bono resource directory.
• Bankruptcy courts sometimes maintain their own pro bono panels. Call the clerk's office and ask.

3. Law School Bankruptcy Clinics

Many law schools operate clinical programs where supervised law students handle real bankruptcy cases under the direction of a licensed attorney. These clinics provide full representation at no cost. Services are typically limited to straightforward consumer cases.

To find a clinic near you, contact local law schools directly and ask whether they have a bankruptcy or consumer law clinic. Some well-known programs include clinics at Georgetown, Harvard, Michigan, and many state university law schools.

4. Filing Pro Se (Without an Attorney)

You have the legal right to file bankruptcy without an attorney. This eliminates attorney fees entirely. However, pro se filing carries significant risks:

• Errors in schedules can lead to denial of discharge or loss of property
• Incorrect exemption elections may cost you assets you could have protected
• Means test mistakes can trigger a presumption of abuse and conversion to Chapter 13
• Missed deadlines can result in case dismissal
• Failure to properly list creditors can leave debts non-discharged

Pro se filing is best suited for simple Chapter 7 cases with no assets, no business, and straightforward finances. For resources, see prosedebtors.org and our free options guide.

5. Bankruptcy Petition Preparers

A bankruptcy petition preparer (BPP) is a non-attorney who helps you fill out your bankruptcy forms for a fee, typically $150-$200. They are regulated under 11 U.S.C. section 110. BPPs cannot provide legal advice -- they can only type the information you provide onto the official forms. This is a middle ground between full attorney representation and pure pro se filing.

Combining Waivers: The Zero-Cost Path

Here is how all the fee reduction and elimination pathways combine for a Chapter 7 case:

This zero-cost path requires qualifying for the filing fee waiver (income below 150% poverty), requesting fee waivers from credit counseling agencies, and securing free attorney representation through legal aid or a pro bono program. It is not available to everyone, but for those who qualify, bankruptcy can be genuinely free.

State-Specific Resources

Bankruptcy is a federal proceeding, but many fee waiver and legal aid resources are organized at the state level. Here are general directions for finding help:

• Legal aid: Visit lsc.gov and search by state or zip code
• Credit counseling agencies: Search the U.S. Trustee's approved list by state
• Pro bono programs: Contact your state or local bar association
• Bankruptcy court clerk: Call the clerk of your local bankruptcy court and ask about fee waiver procedures and pro bono programs specific to that court
• 211 helpline: Dial 2-1-1 for local social service referrals, including legal aid

Frequently Asked Questions

About This Data

Poverty guidelines are from the Department of Health and Human Services (2025-2026 figures). Fee waiver procedures are based on the Federal Rules of Bankruptcy Procedure and 28 U.S.C. section 1930. Legal aid resources are based on the Legal Services Corporation national directory. This is an educational resource, not legal advice.

Last updated: March 2026.