A Chapter 7 filing fee waiver eliminates the $338 filing cost for individuals whose household income sits below 150 percent of the federal poverty guidelines and who cannot afford to pay the fee in installments. The waiver comes from 28 U.S.C. § 1930(f), and it applies only to Chapter 7 cases filed by individuals.1Office of the Law Revision Counsel. 28 U.S. Code 1930 – Bankruptcy Fees The judge has discretion to deny it even when your income qualifies, if the court believes you could handle a payment plan.
Who Qualifies
Two requirements, both mandatory. Your household income must be less than 150 percent of the federal poverty guidelines for your family size, and you must be unable to pay the $338 fee in installments. Clearing the income line alone is not enough.1Office of the Law Revision Counsel. 28 U.S. Code 1930 – Bankruptcy Fees
Household income counts everyone who depends on you financially, including a spouse and dependents. The court adds up all sources: wages, government benefits, child support, pensions, and contributions from other people in the home. Your income for the waiver is your actual current monthly income at the time you file, not the six-month average used for the means test.
The installment prong is where judges exercise real discretion. If your expenses leave any modest room for a monthly payment stretched over four months, the court can deny the waiver and order installments instead.
2026 Income Limits by Household Size
The Department of Health and Human Services updates the poverty guidelines each year. For 2026, the 150-percent thresholds for the 48 contiguous states are:2U.S. Department of Health and Human Services. 2026 Poverty Guidelines Detailed Tables
- 1 person: $23,940 per year ($1,995 per month)
- 2 people: $32,460 per year ($2,705 per month)
- 3 people: $40,980 per year ($3,415 per month)
- 4 people: $49,500 per year ($4,125 per month)
- 5 people: $58,020 per year ($4,835 per month)
- 6 people: $66,540 per year ($5,545 per month)
- 7 people: $75,060 per year ($6,255 per month)
- 8 people: $83,580 per year ($6,965 per month)
Alaska and Hawaii have higher thresholds. In Alaska, a single person qualifies with income below $29,925 per year; in Hawaii, the equivalent figure is $27,540.2U.S. Department of Health and Human Services. 2026 Poverty Guidelines Detailed Tables
How to Apply Using Form 103B
You request the waiver on Official Form 103B, “Application to Have the Chapter 7 Filing Fee Waived,” available on the U.S. Courts website.3United States Courts. Application to Have the Chapter 7 Filing Fee Waived The form is built around the information the judge needs to decide both prongs.
You will provide:
- All household income, from every source, each month.
- Itemized monthly expenses covering housing, utilities, food, transportation, medical costs, and other necessities.
- Your household size, which sets the poverty guideline row that applies to you.
- A description of what you own, including bank balances, vehicle values, and any real estate.
Pull together at least 60 days of pay stubs before you file. Courts want recent proof of income. If you are self-employed or have no pay stubs, bank statements showing deposits do the same job. Having your debts and assets organized in advance keeps the review moving.
File the Waiver With Your Petition
Form 103B must be filed together with your Chapter 7 petition. Federal Rule of Bankruptcy Procedure 1006(c) requires the clerk to accept your petition without the filing fee as long as a completed Form 103B is attached.4Cornell Law Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee That matters because your case officially begins when the petition is filed, and filing triggers the automatic stay that stops creditor collection activity.
Most people filing without an attorney bring the documents to the clerk’s office in person, though many courts now accept electronic filing from self-represented debtors.
How the Judge Decides
A bankruptcy judge reviews the application and takes one of three actions: grant the waiver, deny it, or schedule a hearing for more information.5United States Department of Justice. Notice to Chapter 7 Trustees re Bankruptcy Filing Fee Waivers If your paperwork clearly shows income well below the 150-percent line and no meaningful disposable income, approval typically comes without a hearing, usually within a few weeks.
If your numbers sit close to the line or an expense entry raises a question, you may be called in for a short hearing. It is not adversarial. The judge is trying to understand whether you truly cannot afford $338 spread over several months. Bring documentation for anything unusual, such as heavy medical bills or care costs for a family member.
If the Waiver Is Denied
Denial does not end your case. The judge will ordinarily order installments instead. Under Rule 1006(b), the court can set up to four payments over a period no longer than 120 days. For good cause the judge can extend that, but the final payment must land within 180 days of the petition filing date.4Cornell Law Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
Missing an installment is where the risk gets real. Under Rule 1017(b)(1), the court can dismiss your entire case. Dismissal lifts the automatic stay, creditors can resume collections, and no debts get discharged. You would have to file again from scratch, possibly with a limit on how long the new automatic stay lasts. If you see a missed payment coming, contact the clerk before the deadline. Judges have room to adjust schedules when debtors communicate early.
Chapter 13 Filers Cannot Use This Waiver
The § 1930(f) waiver is Chapter 7 only. Chapter 13 filers cannot have the filing fee waived, and they cannot pay it through the installment rule that applies to Chapter 7.1Office of the Law Revision Counsel. 28 U.S. Code 1930 – Bankruptcy Fees Chapter 13 does require a three- to five-year repayment plan, and attorneys often fold the filing fee into the plan itself, so it rarely gets paid out of pocket upfront. If you want the fee eliminated entirely, Chapter 7 with Form 103B is the only route.
Costs the Waiver Does Not Cover
Chapter 7 requires two educational courses that carry separate fees. The first is a credit counseling session you must complete within 180 days before filing. Without its certificate, you are not eligible to be a debtor.6Office of the Law Revision Counsel. 11 U.S. Code 109 – Who May Be a Debtor The second is a debtor education course you complete after filing but before discharge.7United States Courts. Credit Counseling and Debtor Education Courses
Each course usually costs between $10 and $50. Approved providers are required to waive or reduce fees for people whose income falls below 150 percent of the poverty level, which is the same threshold used for the filing fee waiver. Ask about a fee waiver when you contact the agency, and some will accept a copy of the court’s approval of your filing fee waiver as proof of eligibility. The U.S. Courts website lists approved providers by district.
The waiver also does not cover attorney fees if you hire one, or costs for credit reports and document copies you may need during the case. Plan for those separately.
Mistakes That Delay Approval
The most frequent problem is incomplete financial information on Form 103B. Judges want a consistent picture: income under the threshold, expenses that use up that income, and no hidden assets that could cover the fee. Income figures that do not match your pay stubs, or expense categories left blank, invite a hearing or a denial.
The second common error is filing the petition without the waiver application attached. If Form 103B (or the installment application, Form 103A) is not there, the clerk will expect the $338 at the counter. Attaching the waiver from the start keeps the filing clean and gets the automatic stay in place while the court considers your request.