A bankruptcy fee waiver eliminates the entire $338 Chapter 7 filing fee for individual filers whose household income is below 150% of the federal poverty line and who cannot afford to pay the fee even in installments.1Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees You apply by filing Official Form 103B at the same time as your bankruptcy petition, and a judge decides whether to grant it, deny it, or let you pay in installments instead.
Who Qualifies
Two conditions have to be met under 28 U.S.C. § 1930(f). Your household income must be below 150% of the federal poverty line for your family size, and you must be unable to pay the fee in installments.1Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees The second part is what most applicants underestimate. Low income alone doesn’t guarantee a waiver. You also have to show the judge that after rent, food, and other basics, there’s nothing left to put toward the fee on any kind of schedule.
For 2026, the 150% poverty thresholds in the 48 contiguous states and D.C. are:2HHS ASPE. 2026 Poverty Guidelines – 48 Contiguous States
- 1 person: $23,940
- 2 people: $32,460
- 3 people: $40,980
- 4 people: $49,500
These are annual household figures. Alaska and Hawaii use higher thresholds.
One important boundary: waivers are available only to individual Chapter 7 filers. The statute doesn’t allow waivers in Chapter 13 cases, on the reasoning that a debtor who can fund a three-to-five-year repayment plan can also cover the filing fee.3United States Bankruptcy Court. Filing Fee – What If I Cannot Afford to File for Bankruptcy
What the $338 Fee Actually Covers
The Chapter 7 filing fee is three charges bundled into one: a $245 base filing fee, a $78 administrative fee, and a $15 trustee surcharge.4United States Courts. Bankruptcy Court Miscellaneous Fee Schedule A waiver granted under § 1930(f) eliminates all three. You won’t owe any of them to the clerk.
How to Apply: Official Form 103B
The application is Official Form 103B, “Application to Have the Chapter 7 Filing Fee Waived,” available on the U.S. Courts website.5United States Courts. Application to Have the Chapter 7 Filing Fee Waived The form asks for your average monthly net income (take-home pay after taxes). If your spouse lives with you, their income counts too, even if they’re not filing. You also report the value of non-cash government assistance such as SNAP or housing subsidies.6United States Courts. Official Form 103B – Application to Have the Chapter 7 Filing Fee Waived
The expense section covers housing, food, utilities, transportation, medical care, and similar basics. If you’ve already filled out Schedule J, you can pull the total from there. What the judge is really looking at is the gap between your income and your expenses. No gap means a strong case for a waiver. A surplus usually means installments instead.
You sign Form 103B under penalty of perjury, so back every number with documentation: recent pay stubs, bank statements, benefit award letters, utility bills. Guessing and getting caught in a discrepancy is worse than reporting low numbers.
Filing the Application
Form 103B must be filed at the same time as your Chapter 7 petition. Under Bankruptcy Rule 1006(c), the clerk has to accept your petition when it comes in with a completed waiver application, even though the fee hasn’t been paid.7Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee That rule exists to prevent the obvious trap of a court refusing to open a case because the filer can’t pay the fee that the waiver is meant to address.
Most people submit the papers in person at the local bankruptcy clerk’s office, though many courts now accept electronic filing. You’ll get a receipt or a notice that the judge will review the application. The court is required to decide promptly.8United States Department of Justice. Notice to Chapter 7 Trustees re Bankruptcy Filing Fee Waivers
What the Judge Can Decide
The judge has three options.7Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee The waiver can be granted outright, which wipes out the full $338. It can be denied. Or, most commonly, the waiver is denied but the court orders you to pay in installments.
When installments are ordered, the court sets a schedule of up to four payments, and the final payment is due within 120 days of filing. A judge can extend that to 180 days for good cause, but no further. The court may also schedule a hearing before deciding. If you’re called in, bring the same documentation you used to complete Form 103B.
If the Waiver Is Denied
A denial means paying the fee on the court’s schedule, and those deadlines aren’t flexible. Missing a payment can get your entire bankruptcy case dismissed without a discharge. That’s worse than not filing at all: a dismissed case stays on your record and can complicate anything you try to file later. Reopening a case dismissed for nonpayment typically means paying the unpaid balance of the original fee plus a separate reopening fee, and some courts will dismiss without further notice if the fee goes substantially unpaid soon after filing.
One rule catches people off guard. While installments are outstanding, you can’t pay your attorney or anyone else for services related to the bankruptcy case until the court’s fee is paid in full.7Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee The court goes first; professionals wait.
Credit Counseling and Debtor Education Costs
Two other costs come with every Chapter 7 case. Federal law requires a pre-filing credit counseling session and a post-filing debtor education course, each usually $10 to $50 at an approved nonprofit agency.9Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor If your income qualifies you for a filing fee waiver, you’re almost certainly eligible for a reduced-cost or free version of these courses. Approved agencies are required to provide services regardless of ability to pay, and anyone under 150% of the poverty guidelines is presumptively entitled to a fee waiver or reduction.10U.S. Department of Justice. Frequently Asked Questions (FAQs) – Credit Counseling Call the agency and ask for the reduced rate or a waiver voucher; it isn’t always applied automatically.
Timing matters. Credit counseling must be done within 180 days before you file. Debtor education comes after filing and must be finished before the court will issue your discharge. Skip either one and no discharge issues, no matter how clean the rest of the case was.