How Much Does It Cost to File Bankruptcy? 3 Things to Know
Written by Ben Tejes
Updated Nov 11th, 2022
The cost to file bankruptcy is $338 for a Chapter 7 bankruptcy and $313 for a Chapter 13 bankruptcy for bankruptcy filings in 2022, but the answer becomes more nuanced and confusing if you decide to file with a bankruptcy attorney and if you are trying to get the filing fees waived.
If you are like me, you probably wonder how you can afford the cost of bankruptcy when it’s difficult to pay bills, especially in 2022 as inflation runs rampant. Many bankruptcy costs such as the filing fee and the credit counseling courses are relatively similar across state lines, but the all-in costs are confusing.
The purpose of this article is to provide you with estimated all-in costs:
Bankruptcy Attorney Fees
Bankruptcy Filing Costs
Estimate Chapter 7 and Chapter 13 Bankruptcy Cost
We received the question of how much bankruptcy costs so often that we built a database of attorney fees. Use your zip code below to estimate the cost of bankruptcy.
Let’s cover the following to help you understand which option may be most affordable for you.
Understand Fixed and Variable Costs of Filing Bankruptcy
In bankruptcy, there are fixed costs and variable costs. The fixed costs are the filing and administrative fees and the variable costs are the attorney fees. We will provide you with the fixed costs below and recommend you take the bankruptcy cost estimator to estimate the cost in your city.
Fixed Costs: Provided by the US Courts (here and here), the filing cost for a Chapter 7 bankruptcy is $338 ($245 filing fee $78 administrative fee + $15 trustee surcharge) and the filing cost for a Chapter 13 bankruptcy is $313 ($235 filing fee + $78 administrative fee)
Variable Costs: The variable cost is based on the attorney fee. We estimate the fee is based on 1) Type of Bankruptcy 2) Complexity of case 3) Your location 4) Level of attorney involvement 5) Bankruptcy experience and expertise.
Understand Chapter 7 vs Chapter 13 Bankruptcy Differences and Costs
The two most common types of bankruptcy are Chapter 7 bankruptcy and Chapter 13 bankruptcy. The two different types of bankruptcy often carry different costs.
Chapter 7 bankruptcy is often less expensive. It mainly focuses on liquidation, and it eliminates a huge chunk of your unsecured debt. Some of those debts include medical debts and credit card debts which you do not need to pay once they are eliminated. You have to qualify for Chapter 7 bankruptcy based on means-testing. Many qualify for Chapter 7 bankruptcy when they are below a certain income limit based on state, household size, and income.
Chapter 13 bankruptcy is often more expensive. Chapter 13 is for those that have filed for bankruptcy, but still have a significant amount of cash every month to pay off some of their debt.
Is Chapter 7 Bankruptcy Affordable?
There are affordable ways to do a Chapter 7 bankruptcy. First, you can check the estimated costs for your area. Second, you can ask the attorney what their fee is for the bankruptcy. Please ask whether that includes the filing fee. Third, you can see whether the attorney will take a payment plan. For those that have little to no income, you can also research filing fee waivers and legal aid. Some people already file Chapter 7 bankruptcy without an attorney.
How much does it cost to file Chapter 7 Bankruptcy?
Let’s go through all of the costs to file Chapter 7 bankruptcy. Most people file with a bankruptcy attorney, so we will try to cover the most expensive costs to the least expensive costs. To estimate the costs for YOUR used case, you may want to take our Chapter 7 bankruptcy cost calculator. The means testing based on income limits helps you estimate qualification.
1. Bankruptcy Attorneys’ Fees ($500 – $3000)
The bankruptcy attorney fee will often be the highest cost.
The average attorneys’ fee for a Chapter 7 bankruptcy attorney is between $500 and $3,000 for consumer bankruptcy. A business Chapter 7 could cost between $2,000 and $5,000. Attorneys’ fees for bankruptcy cases depend on a variety of factors, including where the attorney is located, the attorney’s experience level, and the complexity of the bankruptcy case.
You are not required to hire a bankruptcy attorney to help you with a Chapter 7 filing. While there are many advantages of hiring a bankruptcy attorney to advise you about your legal rights and options, you can file bankruptcy without an attorney.
2. Bankruptcy Court Filing Fee ($335)
Anyone filing bankruptcy under Chapter 7 bankruptcy will pay $335 which is charged as a filing fee. These individuals should also expect an additional charge between $15 and $20 as the fee to be paid to the Bankruptcy Trustee.
The bankruptcy court charges a filing fee. It is standard in all Chapter 7 bankruptcy cases, regardless of the size of the case or whether the case is an individual, joint, or business case. The total filing fee for a Chapter 7 bankruptcy case is $335, which includes a $75 administrative fee and a $15 fee for the Chapter 7 Trustee.
Summary of the Chapter 7 filing fee breakdown (Source):
You can apply to have the Chapter 7 bankruptcy filing fee waived. The waiver of the bankruptcy fee is based on your income. Your household income must be less than 150 percent of the official poverty line at the time of filing.
If you do not meet the income requirements to waive the Chapter 7 filing fee, you may request an installment schedule. You must file a form requesting to pay the filing fee in installments. If the bankruptcy court approves the installment request, you may be able to pay the filing fee in four installments. The filing fee must be paid in full before you can receive your bankruptcy discharge.
2. Credit Counseling Fees ($10-$50)
Consumer debtors must complete a credit counseling course before filing bankruptcy. The course must be completed within 180 days before filing the Chapter 7 bankruptcy petition. Courses are available online, in person, and by telephone. However, you must use a company that has been approved by the United States Trustee’s Office. In most cases, the course can be completed online in about 90 minutes to an hour.
On Average, most companies charge between $10 and $50 for the credit counseling course. You can shop around from the list of approved companies to find a company that has the lowest rate. All courses must contain the same basic information.
If you meet specific income requirements, the fee for the credit counseling course may be waived. Each company has a process for requesting a fee waiver.
3. Credit Report Fees ($0-$20)
You must list all your creditors on your bankruptcy forms. It is generally a good idea to review your credit reports to make sure that all creditors and collection agencies are included in your bankruptcy forms.
Some bankruptcy attorneys may not charge you an additional amount for the credit reports.
5. Debtor Education Course ($10-$50)
After you file your Chapter 7 petition, you must complete a second bankruptcy course. The debtor education course must also be taken from an approved company. Most companies offer courses online, in-person, and by telephone. If you do not complete the debtor education course and file your certificate of completion before the deadline, the court can deny your bankruptcy discharge.
As with the credit counseling courses, the fees for the debtor education course vary from around $10 to $50. Many companies offer both courses at a discount if you use the same company to complete both courses.
You may also waive the fee for the debtor education course if your income is below a certain level. Check with the company about its procedure for requesting a fee waiver.
6. Miscellaneous Costs ($0 – $100)
There could be miscellaneous costs associated with filing Chapter 7. For example, if you file your Chapter 7 case without an attorney, you are responsible for the copy costs and postage costs when you are required to send documents to your creditors. You may also incur travel expenses and parking fees when you go to the courthouse to file your bankruptcy forms or postage if you mail the forms.
You will need to attend at least one bankruptcy hearing, the 341 First Meeting of Creditors. Depending on where you live, the mileage to the hearing location could be significant. Also, you may have parking fees during the hearing.
How much does it cost to file a Chapter 13 Bankruptcy?
Chapter 13 bankruptcy often costs more than Chapter 7 bankruptcy. Although the cost to file Chapter 13 bankruptcy is less expensive, the total cost of the bankruptcy is often much higher than Chapter 7 bankruptcy.
Let’s go through the costs to file Chapter 13 bankruptcy
The Chapter 13 bankruptcy attorney fee range from $2,500 to around $6,000. Some (if not all) of the Chapter 13 bankruptcy attorney fee is paid in the monthly payment plan. You can estimate your Chapter 13 monthly payment by using our Chapter 13 calculator, which includes both the bankruptcy attorney fee and the trustee fee.
The Chapter 13 bankruptcy attorney fee may be the same across the bankruptcy district regardless of who you choose to hire. The reason for the similarities in bankruptcy fees is called the no-look fee. The no-look fee is the “reasonable” fee that the attorney may charge to represent a debtor. You may see this as a sort of consumer protection.
However, the amount that the attorney charges might be different depending on the state where one files bankruptcy.
You can use the Chapter 13 bankruptcy cost estimator below to estimate the bankruptcy attorney cost in your zip code.
2. Chapter 13 Trustee Fee
In addition to the bankruptcy attorney fees, you may also be responsible for the Chapter 13 trustee fee that is paid within the Chapter 13 bankruptcy plan. The Chapter 13 trustee fee may be one of the least understood fees, but it’s extremely important as it can cost you thousands of dollars.
This can make Chapter 13 quite a bit more expensive, but it is included in the plan, so it may make it more affordable.
Please see the administrative expense breakdown here and here (for North Carolina and Alabama).
3. Filing Fees
The total filing fee for bankruptcy under Chapter 13 is $310. This consists of a $235 filing fee and a $75 administrative fee.
Summary of the Chapter 13 filing fee breakdown (Source):
4. Other Costs (Similar to Chapter 7 Bankruptcy)
It’s important to keep in mind there may be other miscellaneous costs incurred during the process for both Chapter 7 and Chapter 13 Bankruptcy. Such expenses will likely be between $300 and $400. You can, however, lower your costs by finding a pro bono lawyer who will handle your case for free. In case a pro bono legal rep is not an alternative, you can consider creating a payment plan that will help you offset the bills without much of a hassle.
So, the total cost to file Chapter 13 bankruptcy should thus be anywhere between $2,810 and $6,310, not including the trustee fees. Note that the filing fees are the same in all states
Do I have enough debt to justify the cost to file bankruptcy?
A common question is whether you may have enough debt to file bankruptcy. Unlike what most people would think, there is no minimum debt threshold that one has to achieve to qualify for a bankruptcy filing. You should consider your financial condition so that you can determine whether you should file for bankruptcy.
There is no minimum debt amount that warrants a bankruptcy filing. Although, it is important to keep in mind the amount of debt you hold is a critical determinant in the decision to file for bankruptcy. The decision to file or not to file for bankruptcy should depend on factors such as;
The creditors’ desire to continue doing business with you.
Your ability to clear your debt during bankruptcy.
The ability to repay debt outside bankruptcy.
Your financial situation and other underlying facts may influence the decision.
There is a Chapter 13 debt limit that anyone should consider, especially when planning to file for Bankruptcy under Chapter 13. As of April 1, 2022, an individual is not allowed to have unsecured debt of more than $465,275 for liquidated, non-contingent unsecured debts. Also, secured debts must not exceed $1,395,875 for liquidated, non-contingent secured debts when filing Chapter 13 bankruptcy.
What are alternatives to filing for bankruptcy?
One does not necessarily have to file for bankruptcy. Some of the alternatives include debt management, debt settlement, and looking for additional sources of income while at the same time reducing your consumption.
Debt management involves individuals piling debt to come up with a plan through which they can negotiate a discounted amount that they owe to creditors. Consumers can also negotiate lower monthly settlements. Non-profit companies commonly use this kind of debt management. Individuals who want to use this approach should consider securing the services of a credit counselor to create a suitable debt management plan There are a few tips that one can follow when going through a debt management program. Also, this process is mainly handled by a debt management firm.
The debt management firm creates an account for the applicant to compile their payments into a single monthly payment. Then, this payment is distributed to the creditors.
Notify the creditors that the debt management firm will be their primary contact.
Negotiate interest rates and other charges with creditors, so that it fits your current monthly payment plan depending on what you can afford.
The debt management firm should confirm whether the employee is pleased with the negotiated payment plan.
Every payment to creditors should be carefully managed until the debt is cleared.
Debt settlement involves the use of a third party to negotiate a lower debt amount if the current debt level is too big for you to pay. It aims to lower debt to more manageable levels. Especially when the debt grows to an amount that you cannot afford. Debt settlement companies handle the process through the following steps. There are many pros and cons to debt settlement, so tread lightly.
They create an escrow bank account for the applicant, so the different payments can be consolidated and handled through the account.
Creditors should be notified that the debt settlement firm will be the main point of contact moving forward.
The debt settlement firm negotiates with the creditors to achieve the lowest rate possible.
For example, the firm consults the debtor to secure permission on whether to accept the agreed-upon settlement plan.
The company manages the debt until it is completely cleared.
Please note that there have been some individuals who have had negative experiences with debt relief companies. Some consider these companies a scam, that they may lie to you and they don’t have your best interests in mind.
Estimate Your All-In Cost of Filing Bankruptcy
Before you decide to file for bankruptcy, it is vital to conduct a comprehensive review of your financial situation. You can take a bankruptcy options filing quiz that can help you understand your options. It is also helpful to evaluate your other available options. It will allow you to have a clear view of how things look, as well as the potential alternatives. Each situation has different factors that individuals or companies should consider before deciding whether or not to file for bankruptcy.