What It Costs the Court to File Bankruptcy
Reference Guide
Chapter 7 costs $338 and Chapter 13 costs $313 in court fees. Each figure is made of separate pieces set in separate places, which is why quoted totals so often disagree — and why the waiver is easy to miss.
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The Two Totals, Taken Apart
Chapter 7 — $338 in total: a case filing fee of $245 set by 28 U.S.C. § 1930(a)(1)(A), an administrative fee of $78, and a $15 trustee surcharge.
Chapter 13 — $313 in total: a case filing fee of $235 under § 1930(a)(1)(B) and the same $78 administrative fee. There is no trustee surcharge in Chapter 13.
The reason published totals disagree so often is that the pieces live in different documents. The case filing fee is in the statute; the administrative fee and the trustee surcharge are in the Bankruptcy Court Miscellaneous Fee Schedule. Anyone reading only one of the two gets a number that is right as far as it goes and wrong as a total.
Case details
Both sources were read for this page: 28 U.S.C. § 1930(a) for the case filing fees and the Bankruptcy Court Miscellaneous Fee Schedule for the administrative fee and the trustee surcharge. Every quotation was checked word for word against the published text. These are court fees only; attorneys' fees are a separate matter and are not set by any of these provisions.
The Waiver Most Eligible Filers Never Apply For
The waiver is discretionary rather than automatic: the court reviews the application and can grant instalments instead. But the criteria are objective, and a great many people who meet them pay the $338 without ever learning the application exists. If money is the obstacle to filing at all, this is the first thing to look at.
If You Do Not Qualify for a Waiver: Instalments
Anyone may apply to pay in up to four instalments, with the final payment due within 120 days of filing, extendable by the court to 180 days for cause. The application is filed with the petition.
One thing to know before relying on it: missing an instalment can get the case dismissed. A dismissal is not a neutral event — the automatic stay ends, creditors may resume collection, and refiling costs the fee over again. If instalments are genuinely tight, the waiver application is the better route where you qualify for it.
Note also that the waiver exists for Chapter 7 only. There is no equivalent fee waiver in Chapter 13, on the reasoning that a debtor able to fund a repayment plan can fund the filing fee. A Chapter 13 filer who cannot pay $313 up front applies for instalments.
What the Court Fee Is Not
Two further costs are unavoidable and easy to overlook. The credit counselling briefing required before filing under 11 U.S.C. § 109(h) must come from an approved nonprofit agency within the 180 days before the petition; the debtor education course required for discharge comes after. Both carry a fee, both are modest, and approved agencies must offer a reduced fee or waive it for debtors who cannot pay — which, again, has to be asked for.
What to Do, In Order
Work out which total applies
$338 for Chapter 7, $313 for Chapter 13. Take the total, not the case filing fee alone — the $245 and $235 figures in the statute are not the full amount payable.
Check the 150 percent line before anything else
For Chapter 7, compare household income against 150 percent of the federal poverty guideline for that household size. If you are below it and cannot pay in instalments, the whole fee can be waived.
Take the credit counselling briefing
Required within the 180 days before filing, from an approved nonprofit agency, by telephone or online. Without the certificate the case cannot proceed. Ask about a reduced fee if paying it is a problem.
File the waiver or instalment application with the petition
Not afterwards. Both are applications made at filing, and the court rules on them at the outset. An instalment plan allows up to four payments within 120 days.
Do not miss an instalment
A missed payment can bring dismissal, which ends the automatic stay, lets creditors resume, and means paying the fee again to refile.
Where the Money Goes Wrong
The court fee is fixed and public, which makes the ways people end up paying more than they should fairly easy to spot. These are the three we see most often:
“Filing costs $99”
The court fee alone is $338 or $313, and no one can file for less than that unless the fee is waived by the court. An advertised price far below it is a partial service — document preparation, say — and the court fee is still payable on top.
Paid credit counselling that should have been free
The pre-filing briefing must come from an agency on the approved list, and approved agencies must offer a reduced fee or waive it altogether for debtors who cannot pay. Being charged full price without being told is common, and the list of approved agencies is public.
Petition preparers who quietly become advisers
A bankruptcy petition preparer may type your forms. They may not give legal advice, may not choose your chapter for you, and must disclose their fee to the court. One who is advising while charging as a typist is doing something the Bankruptcy Code specifically restricts.
Questions People Actually Ask
Short answers to the questions people ask most about this case.
What is the total cost to file, exactly?
$338 for Chapter 7 — a $245 case filing fee, a $78 administrative fee and a $15 trustee surcharge. $313 for Chapter 13 — a $235 case filing fee and the same $78 administrative fee, with no trustee surcharge. Those are court fees; attorneys' fees are separate.
Can the fee be waived completely?
In Chapter 7, yes, where household income is below 150 percent of the federal poverty line and you cannot pay in instalments. It is a separate application filed with the petition and the court decides — it can grant instalments instead. There is no equivalent waiver in Chapter 13.
Can I pay in instalments?
Yes — up to four payments, the last due within 120 days of filing, which a court may extend to 180 days for cause. Apply at filing. Missing a payment can result in dismissal, which ends the automatic stay and means paying the fee again to refile.
Why do other sites quote different totals?
Because the fee comes from two documents. The case filing fee is in 28 U.S.C. § 1930(a); the administrative fee and trustee surcharge are in the Bankruptcy Court Miscellaneous Fee Schedule. A page citing only one of them reports a real number that is not the total.
Is credit counselling an extra cost?
Yes, though a modest one. The pre-filing briefing required by 11 U.S.C. § 109(h) must be taken within the 180 days before filing from an approved nonprofit agency, and the debtor education course comes after. Approved agencies must reduce or waive the fee for debtors who cannot pay, but you have to ask.
Does the fee change?
Yes. The case filing fee is amended by Congress and the miscellaneous schedule is revised by the Judicial Conference, both at irregular intervals. The figures here carry the date they were read. Before relying on them for a filing, check the current schedule.
Do I pay again if my case is dismissed and I refile?
Yes. A new case is a new filing and carries the full fee again. That is the main practical reason to prefer a waiver over instalments where you qualify: a missed instalment can cost the whole fee twice over.
About This Information
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated - $236 billion in real payouts analyzed · See what we found
This page is for general information only and is not legal advice. Lawsuit status, eligibility, and compensation can change. Settlement Insight is not a law firm and does not represent any party. Consult a licensed attorney about your specific situation.
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