If you can’t afford the bankruptcy filing fee, federal law gives you two ways out: a complete waiver for Chapter 7 filers whose household income falls below 150% of the federal poverty line, or an installment plan available in any chapter that splits the fee into up to four payments over 120 days. A Chapter 7 case costs $338 and a Chapter 13 case costs $313.1Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees2United States Courts. Bankruptcy Court Miscellaneous Fee Schedule Either option is requested on a one-page form filed with your petition, and the clerk must accept your case even if you haven’t paid anything yet.3Legal Information Institute / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
Who Qualifies for a Full Fee Waiver
The waiver is available only in Chapter 7 cases. If you’re filing Chapter 13, the installment plan is your only route.1Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees
Two conditions have to be met. Your household income must fall below 150% of the federal poverty line, and the court has to be satisfied you cannot pay the fee even in installments.1Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees The income figure is gross annual household income, not take-home pay.
For 2026, the income ceilings are:4United States Courts. IFP Monthly Poverty Guidelines 2026
- 1 person: $23,940 in the contiguous states and D.C., $29,925 in Alaska, $27,540 in Hawaii
- 2 people: $32,460, $40,575 in Alaska, $37,335 in Hawaii
- 3 people: $40,980, $51,225 in Alaska, $47,130 in Hawaii
- 4 people: $49,500, $61,875 in Alaska, $56,925 in Hawaii
What the Waiver Application Asks For
You apply on Official Form 103B, filed at the same time as your petition.5U.S. Courts. Application to Have the Chapter 7 Filing Fee Waived The form asks for total monthly income, average monthly expenses, family size, number of dependents, and how much cash you have on hand — in your wallet, at home, or anywhere else you can reach it on filing day.6United States Bankruptcy Court. Application to Have the Chapter 7 Filing Fee Waived Pull recent pay stubs, bank statements, and any benefit award letters before you start.
One section asks whether you’ve paid or promised to pay an attorney. Having a lawyer doesn’t automatically disqualify you, but if the waiver is granted, the court order typically requires you to finish paying the filing fee before making any further payments to your attorney or anyone else connected to the case.7United States Courts. Application to Have the Chapter 7 Filing Fee Waived – Official Form 103B Judges notice when someone claiming inability to pay $338 has already paid an attorney $1,500. Representation isn’t the problem; the overall financial picture has to make sense.
If the Waiver Is Denied
A denial doesn’t end your case. The court’s order gives you time to either pay the full fee or switch to installments, and the order itself usually sets up an installment schedule, so a separate Form 103A isn’t typically needed.8U.S. Courts. Bankruptcy Case Policies – Guide to Judiciary Policy, Vol 4, Ch 8 You can request a hearing if you think the denial was wrong, but that adds delay. Most filers accept the installment arrangement the court offers.
Paying the Fee in Installments
If a lump sum is out of reach but you can manage the fee over time, file Official Form 103A with your petition.9U.S. Courts. Application for Individuals to Pay the Filing Fee in Installments You propose specific dates and amounts. The court sets the final schedule, capped at four payments, with the last one due within 120 days of filing.3Legal Information Institute / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee On a $338 Chapter 7 fee, that works out to roughly $85 a month for four months. Installment plans are available in Chapter 7, Chapter 13, and Chapter 11.
Some courts want the first installment at the time of filing, but Rule 1006 says the petition must be accepted regardless of whether that initial payment is made.3Legal Information Institute / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
If your circumstances change midway through — a sudden job loss or medical emergency — you can ask the judge to extend the deadline, up to an absolute outer limit of 180 days from your filing date.10Office of the Law Revision Counsel. 11 USC App Rule 1006 – Filing Fee The advisory committee notes describe this extension as reserved for “extraordinary cases,” so it isn’t a routine fallback for tight budgeting.
What Happens if You Miss a Payment
Missing a scheduled installment is one of the fastest ways to lose a bankruptcy case. After notice and an opportunity for a hearing, the court can dismiss.11Legal Information Institute / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 1017 – Dismissing a Case, Suspending Proceedings, Converting a Case to Another Chapter Anything you already paid is distributed as if you had paid the full fee. No refund.
Dismissal for nonpayment is usually without prejudice, so you can refile. The catch is that refiling within one year of a dismissal shortens the automatic stay that protects you from creditors to 30 days instead of running through the whole case.12Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay You can ask the court to extend the stay, but you’ll have to prove good faith, and the court presumes bad faith if the previous case was dismissed for missing court-ordered deadlines. A missed $85 payment can leave you exposed to creditors for months even after refiling.
Course Fees Can Be Waived Too
The filing fee isn’t the only cost between you and discharge. Federal law requires two educational courses: credit counseling before you file and debtor education after. Each runs between $10 and $50 through approved nonprofit providers, and neither can exceed $50 without special permission from the U.S. Trustee’s Office.
The same 150% income threshold that qualifies you for the filing fee waiver also entitles you to have the course fees waived. Approved credit counseling agencies must waive their fees for anyone whose household income falls below that line.13GovInfo. 28 CFR 58.21 – Minimum Requirements Relating to Fees Request the waiver when you sign up. Agencies can also offer reduced fees to filers whose income is above the cutoff but still tight. A list of approved providers for your district is on the U.S. Trustee Program’s website.
How to Submit the Application
Form 103A or 103B goes in with your bankruptcy petition. The clerk cannot refuse to file your petition if it’s accompanied by a completed application.3Legal Information Institute / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee Most bankruptcy courts accept electronic filing even for people without an attorney, though the system varies by district. If you’re filing on paper, check with your local clerk about accepted payment methods; some require money orders or cashier’s checks rather than personal checks.
A judge reviews your financial disclosures and issues a formal order. For installment plans, the order locks in the number, amount, and dates of each payment before your meeting of creditors.3Legal Information Institute / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
If Attorney Fees Are Also a Barrier
Attorney fees for bankruptcy typically run from several hundred to several thousand dollars, depending on complexity and chapter. A few options exist for people who can’t cover that.
Legal aid organizations funded by the Legal Services Corporation serve low-income Americans across more than 800 offices nationwide.14Legal Services Corporation. Who We Are Most programs require household income at or below 125% of the federal poverty guidelines, slightly lower than the filing fee waiver threshold. If you qualify, the organization assigns a licensed attorney who handles your case through the meeting of creditors and often through discharge. These programs fill quickly, so call as early as possible. Local bar associations also run pro bono bankruptcy clinics, most useful for straightforward cases: a single filer with wage income, unsecured debt, and few assets.
For simple Chapter 7 cases, nonprofits like Upsolve offer free tools that walk you through preparing your own filing paperwork. They aren’t a substitute for an attorney if your case involves business debts, property disputes, or complicated assets, but for a standard consumer Chapter 7 they can eliminate the legal fee. Pair a free filing tool with a fee waiver and course waiver, and the out-of-pocket cost of bankruptcy can genuinely reach zero.