How to Complete and File Form 103B: Chapter 7 Fee Waiver

Form 103B is the application you file with a Chapter 7 bankruptcy petition to ask the court to waive the $338 filing fee. A judge will grant the waiver only if two things are true: your household income is below 150 percent of the federal poverty guidelines for your family size, and you cannot pay the fee even in installments without giving up necessities like food, shelter, or medication.¹ Meeting the income test alone is not enough. If a judge believes you could piece together $338 over several months, the application will be denied.

The waiver applies only to Chapter 7. Filers under Chapter 13 or Chapter 11 who cannot pay up front have to request an installment plan on Official Form 103A instead.¹

2026 Income Limits by Household Size

The poverty guidelines update each year. For 2026, the income ceiling at 150 percent of the federal poverty line in the 48 contiguous states and Washington, D.C. runs as follows:²

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 use higher thresholds. A single filer qualifies in Alaska with income under $29,925 and in Hawaii under $27,540.² Family size includes you, a spouse who lives with you, and any dependents supported by the household.

What the $338 Fee Covers

The Chapter 7 filing fee is built from three charges: a $245 filing fee set by federal statute, a $78 administrative fee, and a $15 trustee surcharge.¹³ A granted waiver covers the whole amount. There is no partial waiver. Without either a waiver on file or an installment plan, the clerk cannot accept your petition.

How to Fill Out Form 103B

Download the current form from the United States Courts website in the bankruptcy forms directory.⁴ Every figure on the application must match the corresponding number on your bankruptcy schedules. If Schedule I and Schedule J are already done, copy the totals directly.

Income

Report combined monthly income for the entire household. Include your spouse’s income if your spouse lives with you, even if your spouse is not filing. Leave it out if you are separated and filing alone.⁵ List every source: wages, self-employment earnings, unemployment, Social Security, disability, and contributions from other household members. If Schedule I is filled out, copy the total from line 11.

Expenses

Break down monthly spending by category: rent or mortgage, utilities, food, transportation, medical, insurance. Use real numbers, not rough estimates. If the court asks for documentation later, you will need pay stubs, bank statements, or receipts to back up what you wrote. Copy the total from line 22 of Schedule J if that form is complete.⁵

Property

Disclose what you own, both real estate and personal property. If Schedule A and Schedule B are already prepared, attach copies rather than repeating everything.⁵ Judges review your assets to decide whether you could sell something or use savings to cover the fee.

Payments to Professionals

The form asks whether you have paid an attorney, petition preparer, paralegal, or typing service for help with the case, and whether you expect to pay anyone in the future.⁵ This section trips up more applicants than any other. If you paid a professional even a modest amount, the judge may ask why you could afford that but not the filing fee. List every dollar, and explain the context if it helps (a relative paid, or you received pro bono help).

Consistency

Any mismatch between Form 103B and the rest of your petition can trigger a denial or a request for correction. Fill in every field. Blanks give the clerk a reason to send the form back.

Filing the Application

File Form 103B at the same time you file your voluntary Chapter 7 petition and schedules with the clerk of your local bankruptcy district.⁶ Some districts offer electronic filing for self-represented debtors. When the waiver application is included, the clerk must accept the case without upfront payment, and the case is flagged as pending a fee decision.

If you leave out the application and do not pay the fee or submit an installment request, the clerk has no basis to accept the petition, and the case can be dismissed for failure to pay.

How the Court Decides

Once the application is filed, the court moves promptly to grant it, deny it, or set a hearing. Notices go to the U.S. trustee, the case trustee, you, and your attorney if you have one.⁷ When hardship is obvious from the paperwork, the judge may sign an order granting the waiver without a hearing. When it is not obvious, the court holds a hearing to ask about your budget, recent spending, or why nothing in your expenses can bend to cover the fee.⁸ Some courts wait until after the 341 meeting of creditors before ruling. If that happens, you get a separate notice afterward telling you whether the waiver stands.

If the Waiver Is Denied

A denial order gives you time to pay the full $338 or start installments, usually with a schedule set out in the order itself.⁷ Under the Federal Rules of Bankruptcy Procedure, installments are capped at four payments, all within 120 days of the petition date. The court can extend for good cause, but the final payment cannot come later than 180 days after filing.⁶

Missing an installment puts the whole case at risk. Dismissal for nonpayment strips the automatic stay, and you would need to refile from scratch. One more rule matters if you shift to installments: you must pay the entire filing fee before paying anything more to your attorney or petition preparer. Paying a professional ahead of the court is a fast route to dismissal.

If the Waiver Is Granted

When the court grants the waiver, your Chapter 7 case moves forward and you owe nothing for the filing fee. The waiver is not always final. If later developments show the waiver was not warranted, the court can revoke it on its own or on a motion from a party in interest, and you become responsible for paying on whatever schedule the court sets.⁷ Revocation is uncommon but does happen when a trustee finds undisclosed assets or income that contradicts the application.

Credit Counseling Fees Are Separate

Before filing Chapter 7, you must complete a credit counseling session with an approved agency. That session carries its own fee, usually $10 to $50, and Form 103B does not cover it. If your household income is below 150 percent of the poverty guidelines, the counseling agency is required to reduce or waive the fee on a sliding scale. You request that directly from the agency when you sign up, not from the court.

1
Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees
2
U.S. Department of Health and Human Services. 2026 Poverty Guidelines
3
United States Courts. Bankruptcy Court Miscellaneous Fee Schedule
4
United States Courts. Application to Have the Chapter 7 Filing Fee Waived
5
United States Courts. Official Form B 3B – Application to Have the Chapter 7 Filing Fee Waived
6
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
7
United States Courts. Guide to Judiciary Policy – Bankruptcy Case Policies
8
United States Department of Justice. Notice to Chapter 7 Trustees re: Bankruptcy Filing Fee Waivers