Bankruptcy filing fee waiver

Filing bankruptcy has a court fee. If you can't pay it all at once, the court can let you pay in installments, and in Chapter 7 the court can waive the fee for people with low income. This guide explains the fees and both options, with the official forms.

The filing fees

To file Chapter 7 you pay $338 to the court: a $245 filing fee, a $78 administrative fee and a $15 trustee fee. A married couple filing one joint case pays one set of fees.

Law: 28 U.S.C. 1930(a)(1)(A); Bankruptcy Court Miscellaneous Fee Schedule, items 8 and 9 (effective December 1, 2023)

To file Chapter 13 you pay $313 to the court: a $235 filing fee and a $78 administrative fee.

Law: 28 U.S.C. 1930(a)(1)(B); Bankruptcy Court Miscellaneous Fee Schedule, item 8 (effective December 1, 2023)

Paying in installments

If you cannot pay the whole fee at once, you can ask to pay it in installments. File Official Form 103A with your petition. The court decides the plan: no more than 4 payments, all paid within 120 days after you file. For a good reason the court can give you more time, but the last payment must be made within 180 days. Until the fee is paid in full, you may not pay your lawyer or petition preparer.

Law: Fed. R. Bankr. P. 1006(b) (as amended Dec. 1, 2024)

Official Form 103A: Application for Individuals to Pay the Filing Fee in Installments

Asking for a fee waiver

In Chapter 7 only, the court may waive the fee. You must have income below 150% of the official poverty line for your family size, and you must be unable to pay the fee even in installments. Ask by filing Official Form 103B with your petition. The judge decides.

Law: 28 U.S.C. 1930(f)(1); Fed. R. Bankr. P. 1006(c)

Official Form 103B: Application to Have the Chapter 7 Filing Fee Waived

Course fees

Agencies may charge a reasonable fee, but they must provide the course and the certificate whether or not you can pay. If your household income is under 150% of the poverty level, you are presumed to qualify for a free or reduced-fee course. Ask the agency about its fee waiver before you start.

Law: 11 U.S.C. 111(c)(2)(B), 111(d)(1)(E)

Which chapter the fee is for

Chapter 7 is 'liquidation'. A trustee may sell property that is not exempt and pay creditors. Most individual Chapter 7 cases have no property to sell. Most remaining debts are discharged, usually about 60 to 90 days after the first date set for the meeting of creditors.

Law: 11 U.S.C. 701-727; Fed. R. Bankr. P. 4004(c)

Chapter 13 is a repayment plan. You keep your property and pay part or all of your debts through a court-approved plan over 3 or 5 years. You need regular income. It can let you catch up on missed mortgage payments.

Law: 11 U.S.C. 1321-1328

Compare them in Chapter 7 vs Chapter 13.

The means test

If you have mostly consumer debts and file Chapter 7, you take the means test. If your income is below your state's median for your household size, you usually pass. If it is above, a longer form subtracts allowed expenses; if enough income is left over, abuse is presumed and the case may be dismissed or changed to Chapter 13 with your consent. Since April 1, 2025 the thresholds are $10,275 and $17,150 over 5 years (60 months).

Law: 11 U.S.C. 707(b)(2), 707(b)(7); 90 FR 8941

Check the first step with our means test median income check.

After you file

When you file, an 'automatic stay' starts right away. Most creditors must stop collection: lawsuits, wage garnishment, foreclosure, repossession and collection calls. Some actions are not stopped, such as collecting child support or alimony and many criminal cases. If you had a case dismissed in the past year, the stay may last only 30 days unless the court extends it; with two or more dismissed cases in the past year, there may be no stay at all.

Law: 11 U.S.C. 362(a), 362(b), 362(c)(3), 362(c)(4)

This is general information, not legal advice. A legal aid office can help for free; each state page lists free help.