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Filing on your own
Filing fee
The bankruptcy filing fee is the fee paid to the clerk of the court to start a bankruptcy case. It is made up of the fee set by law for each chapter plus any other fee the Judicial Conference requires to be paid on filing. 1
Talk to a lawyerHow does the bankruptcy filing fee work?
For cases filed now, the court fees to file come to $338 in Chapter 7 and $313 in Chapter 13, under the fee schedule effective December 1, 2023. Every petition must come with the fee unless the debtor applies to pay in installments or to have it waived. 1
Not paying has consequences: failure to pay the required fees is a cause for dismissing a case in Chapter 7 and in Chapter 13. 2 3
A filer who cannot pay at once has options. With the court's permission, the fee may be paid in no more than four installments, all within 120 days after filing unless the court extends the time for cause. In Chapter 7 the court may also waive the fees if the filer's income is below 150% of the poverty level and the filer cannot pay even in installments. 4 1 5
How much is the filing fee for each chapter?
| Chapter | Filing fee | Other court fees | Total |
|---|---|---|---|
| Chapter 7 1 | $245 1 | $78 administrative fee and $15 trustee surcharge 1 | $338 1 |
| Chapter 13 1 | $235 1 | $78 administrative fee 1 | $313 1 |
| Chapter 11 6 | $1,167 6 | $571 administrative fee 6 | $1,738 6 |
Amounts under the fee schedule effective December 1, 2023. Fees change, so check with the court before you file.
Common questions
How much is the Chapter 7 filing fee?
A $245 filing fee, a $78 administrative fee and a $15 trustee surcharge, for $338 in total under the fee schedule effective December 1, 2023. 1
Can I pay the filing fee to a petition preparer?
No. Petition preparers may not collect money for court filing fees. 7
Do both spouses pay a fee in a joint case?
No. When a joint petition is filed, only one filing fee, one administrative fee and one trustee surcharge are charged. 8
Sources
- 28 U.S. Code § 1930(a) (Cornell LII)
- 11 U.S. Code § 707(a) (Cornell LII)
- 11 U.S. Code § 1307(c) (Cornell LII)
- Rule 1006. Filing Fee, Federal Rules of Bankruptcy Procedure (Cornell LII)
- Chapter 7 - Bankruptcy Basics
- Chapter 11 - Bankruptcy Basics
- 11 U.S. Code § 110(b)(1), (e)(1), (f), (g) (Cornell LII)
- Glossary of Legal Terms (uscourts.gov)
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