Official Form 103B: Chapter 7 Filing Fee Waiver Eligibility

The Chapter 7 filing fee waiver lets the bankruptcy court excuse the entire $338 filing cost when your income is low enough and paying even in installments would cause real hardship. You request it by filing Official Form 103B at the same time you file your Chapter 7 petition. The judge reviews your income, expenses, and any special circumstances, then decides whether to waive the fee, order installments, or require full payment.

Who Qualifies

Federal law under 28 U.S.C. § 1930(f) sets two requirements, and you have to meet both.¹

First, your total household income must be below 150 percent of the federal poverty guidelines published each year by the Department of Health and Human Services. The threshold rises with household size.

Second, the court must find that you cannot afford to pay the $338 spread across up to four installments over 120 days. If your budget shows enough room for roughly $85 every few weeks, the judge will deny the waiver and offer an installment plan instead.

Clearing the income cap alone will not do it. Judges look at whether every dollar coming in is already committed to rent, utilities, food, and other basics. The waiver is meant for filers whose finances are so tight that even the installment option would cause hardship.

2026 Income Limits by Household Size

For 2026, the 150-percent thresholds in the 48 contiguous states and Washington, D.C. are:²

1 person: $23,940
2 people: $32,460
3 people: $40,980
4 people: $49,500
5 people: $58,020
6 people: $66,540
7 people: $75,060
8 people: $83,580

Add $8,520 for each additional person beyond eight. Alaska and Hawaii use higher figures: a single filer in Alaska qualifies below $29,925, and a single filer in Hawaii qualifies below $27,540.²

How to Count Your Household

Because the income limit depends on household size, who you include changes the math. Form 103B asks you to count yourself, your spouse if they live with you, and any dependents. A spouse living in the home has to be included even if they are not filing for bankruptcy, and their income goes on the application.³ If you are separated and filing alone, leave your spouse off.

Beyond spouse and minor children, courts do not agree on who counts. Some include everyone who sleeps under your roof, including adult roommates. Others limit the count to people you claim as tax dependents. A third approach looks at financial interdependence, which can bring in a domestic partner or an adult child you support. If your living situation is not straightforward, check how your local bankruptcy court handles it before you write down a number.

Filling Out Form 103B

The current version of the form is available from the U.S. Courts website.⁴ Pull together recent pay stubs, benefit statements, and any other proof of income before you start. The form has three parts.

Part 1: Family Size and Income

List your household size and every source of money coming in: wages, Social Security, unemployment, public assistance, and anything else. You calculate an average monthly figure and compare it to the poverty threshold for your family size.⁵ Income above the limit almost always ends the application.

Part 2: Monthly Expenses

Break down where your money goes: rent or mortgage, transportation, healthcare, food, and other necessities. The court compares this against Part 1 to see whether any room exists for installments. These figures need to match your other bankruptcy schedules. Inconsistencies get noticed and invite extra questions.

Part 3: Special Circumstances

Use this section for anything the raw numbers miss: a medical emergency, a recent job loss, an unexpected expense that emptied your savings. Be specific about why an installment plan would not work. You sign the whole form under penalty of perjury.⁵

Filing With Your Petition

Turn Form 103B in to the bankruptcy court clerk at the same moment you file your Chapter 7 petition. The clerk has to accept the petition without payment while the waiver request is pending.⁶ Filers without an attorney generally submit paperwork in person or by mail, though some courts allow self-represented electronic filing. Ask the local clerk before assuming.

What the Judge Can Decide

After review, three outcomes are on the table:

Waiver granted. The full $338 is excused and your case moves ahead at no cost.
Waiver denied, installments ordered. You pay the $338 in up to four installments within 120 days.⁶
Waiver denied outright. You pay the full fee by a court-set deadline, typically one to four weeks out.

The court may set a hearing before ruling. If it does, you will get a notice with the date and time; skipping the hearing can trigger an automatic denial.³ Bring any documents the court asked for and be ready to answer questions about your finances.

If the Waiver Is Denied

A denial does not have to end the case. If the court sets terms you cannot meet, file a motion right away proposing a different schedule. Official Form 103A is the request for a formal installment plan.³

What you cannot do is let the deadline pass. Missing a payment or ignoring the fee gets your bankruptcy dismissed, which pulls the automatic stay, blocks discharge, and creates complications if you refile. A future judge may require you to clear the old fee first before accepting installments again.

Paying a Lawyer Does Not Disqualify You

Hiring a bankruptcy attorney does not automatically kill your fee waiver. Having paid or promised to pay a lawyer, a petition preparer, or a debt relief agency is not a disqualifier.⁷ The judge looks at your whole financial picture. If you paid a large retainer while telling the court you cannot manage $338, be ready to explain where the money came from, whether a relative covered it, or whether the lawyer took the case pro bono.

Credit Counseling and Debtor Education Fees

The filing fee is not the only cost in a Chapter 7 case. Federal law requires a pre-filing credit counseling session and a post-filing debtor education course, and both carry their own fees. Approved providers have to serve clients regardless of ability to pay, and anyone with household income below 150 percent of the poverty line is presumptively entitled to a waiver or reduction.⁸

Each agency sets its own policy and must disclose it upfront, so ask before you begin the session. If you qualify for the Form 103B waiver, you will almost certainly qualify at the counseling agency too, since both use the same 150-percent threshold.

What the $338 Actually Covers

The $338 total is three separate charges:

$245 filing fee paid to the court to open the case.¹
$78 administrative fee for court processing.⁹
$15 trustee surcharge that funds the U.S. Trustee Program.

A granted Form 103B waiver covers all three. Under 28 U.S.C. § 1930(f), “filing fee” is defined to include the other charges payable to the clerk at the start of the case, so you do not need to file separate requests for each one.¹

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. Official Form 103B – Application to Have the Chapter 7 Filing Fee Waived
4
United States Courts. Application to Have the Chapter 7 Filing Fee Waived
5
United States Courts. Official Form 103B – 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 Bankruptcy Court, District of Colorado. Chapter 7 Fee Waivers
8
U.S. Department of Justice. Frequently Asked Questions (FAQs) – Credit Counseling
9
United States Courts. Bankruptcy Court Miscellaneous Fee Schedule