How Much Does It Cost To File Bankruptcy In 2026?
Posted by Mariah Makaryan on May 11, 2026
Filing bankruptcy is not free, and it is not simple. Before making one of the most consequential financial decisions of your life, you deserve a clear picture of what it actually costs, what the money buys, and what the process looks like from start to finish.
This guide covers the real cost of filing for Chapter 7 or Chapter 13 bankruptcy in 2026, including filing fees, mandatory courses, attorney fees, and expenses most people overlook until it is too late.
Century Support Services does not provide bankruptcy advice. If you are considering bankruptcy, consult a licensed bankruptcy attorney in your state.
Key Takeaways
- The court filing fee for Chapter 7 bankruptcy is $338. For Chapter 13, it is $313. These fees are set by the federal Judicial Conference and apply nationally.
- Attorney fees are the highest variable cost, ranging from $1,000 to $3,500 for Chapter 7 and $3,000 to $6,000 or more for Chapter 13.
- Federal law requires two courses for every bankruptcy filer: a pre-filing credit counseling session and a post-filing debtor education course. Budget $50 to $100 combined.
- The total out-of-pocket cost to file Chapter 7 with an attorney typically falls between $1,500 and $4,000. Chapter 13 commonly runs $3,500 to $6,500 or more.
- Chapter 13 carries ongoing trustee fees throughout a 3- to 5-year repayment plan, which add to the total cost.
- Filing without an attorney (pro se) is legally permitted but statistically increases the risk of case dismissal.
What You Pay Before Your Case Even Begins
Before you file a single document with the court, two expenses are unavoidable regardless of which chapter you pursue.
Credit counseling. Federal bankruptcy law requires every filer to complete a credit counseling course from an approved provider within 180 days before filing. The U.S. Trustee Program maintains a list of approved agencies. Most courses are offered online or by phone and take one to two hours to complete. The fee typically ranges from $25 to $50. If you cannot afford it, approved agencies must provide the service at no cost or at a reduced fee based on your income.
Attorney consultation. Most bankruptcy attorneys offer a free initial consultation. You are not obligated to hire anyone at that stage. However, understanding your legal options before deciding to file is worth the time, even if you ultimately choose a different path.
Chapter 7 Bankruptcy: Full Cost Breakdown
Chapter 7 is a liquidation bankruptcy. It discharges most unsecured debts, including credit cards and medical bills, in roughly three to six months. In exchange, a court-appointed trustee may liquidate non-exempt assets to pay creditors, though most consumer Chapter 7 cases are “no-asset” cases where filers lose nothing.
Court filing fee: $338. This fee is established under 28 U.S.C. § 1930 and is consistent across all federal bankruptcy courts.
Credit counseling course: $25 to $50.
Debtor education course: After your case is filed, you must complete a second course on personal financial management before your discharge is granted. This course also costs $25 to $50 through an approved provider.
Attorney fees: This is where costs vary the most. Chapter 7 attorney fees typically range from $1,000 to $3,500. The range reflects differences in case complexity, geographic market, and attorney experience. A straightforward case in a rural area may cost less than $1,200. A case involving business debt, recent property transfers, or multiple years of tax issues in a major metro area may run $3,500 or higher.
Total estimated cost for Chapter 7 with an attorney: $1,500 to $4,000.
Total estimated cost for Chapter 7 without an attorney: $400 to $500, covering the filing fee and two required courses.
Chapter 13 Bankruptcy: Full Cost Breakdown
Chapter 13 is a reorganization bankruptcy. Rather than liquidating assets, you propose a three- to five-year repayment plan through which you repay some or all of your debts under court supervision. It is the appropriate path for filers who have regular income and either want to keep assets that would otherwise be liquidated in Chapter 7 or do not qualify for Chapter 7 under the means test.
Court filing fee: $313. Slightly lower than Chapter 7 despite the significantly greater administrative complexity.
Credit counseling course: $25-$50.
Debtor education course: $25-$50.
Attorney fees: Chapter 13 is substantially more complex than Chapter 7. It requires drafting a detailed repayment plan, attending a confirmation hearing, and managing plan modifications over several years. Attorney fees commonly range from $3,000 to $6,000 at the time of filing. Some courts set presumptively reasonable fee schedules for Chapter 13 cases. Total attorney fees can exceed $8,000 in complex cases or markets with higher costs of living.
Trustee fees: The Chapter 13 trustee collects a percentage of each payment you make to creditors under your plan, typically around 5% to 10% of plan payments. If your plan distributes $40,000 to creditors over five years, trustee fees alone add $2,000 to $4,000 to your total cost.
Total estimated cost for Chapter 13: $3,500 to $6,500 or more in upfront and attorney costs, plus ongoing trustee fees throughout the plan term.
Chapter 7 vs. Chapter 13: Side-by-Side Cost Comparison
| Cost Component | Chapter 7 | Chapter 13 |
| Court filing fee | $338 | $313 |
| Credit counseling (pre-filing) | $25 to $50 | $25 to $50 |
| Debtor education (post-filing) | $25 to $50 | $25 to $50 |
| Typical attorney fees | $1,000 to $3,500 | $3,000 to $6,000+ |
| Trustee fees | None (no-asset cases) | 5% to 10% of plan payments |
| Time to discharge | 3 to 6 months | 3 to 5 years |
| Estimated total (with attorney) | $1,500 to $4,000 | $3,500 to $6,500+ |
Sources: United States Courts filing fee schedule, U.S. Trustee Program guidelines.
Why Attorney Fees Vary So Much
The spread in attorney fees reflects several real variables.
Geographic market. Bankruptcy attorneys in New York City or Los Angeles charge significantly more than those in smaller cities. The same case complexity carries a different price tag depending on where you live.
Case complexity. A filer with straightforward credit card debt and no assets presents a simpler case than one with small business debt, ownership interests, recent large transfers, or multiple years of unfiled tax returns. Attorneys price accordingly.
Experience and reputation. A consumer bankruptcy attorney with 25 years of practice and strong trustee relationships will typically charge more than a newer attorney. For a case where the outcome matters significantly to your financial future, that experience may justify the difference.
Court requirements. Some bankruptcy courts are more demanding than others in terms of documentation and procedural requirements, which affects the time an attorney must invest and, in turn, the fee charged.
The American Bar Association and state bar associations can help you locate qualified bankruptcy attorneys in your area. The National Association of Consumer Bankruptcy Attorneys is another resource for finding attorneys who specialize in consumer cases.
Can You File Without An Attorney?
Filing bankruptcy without legal representation, known as filing pro se, is legally permitted. The filing fees and mandatory courses are the same regardless. The risk is the procedural complexity.
Bankruptcy involves federal law, local court rules, specific forms, and deadlines. An error in your petition, a missed deadline, or an improperly valued asset can result in case dismissal, loss of the automatic stay, or denial of your discharge. Data from the U.S. Courts shows that pro se filers have substantially higher dismissal rates than represented filers.
If cost is the primary barrier to retaining an attorney, several options are worth exploring:
Legal aid organizations serve low-income filers at no cost or on a sliding scale. Your state bar association can provide referrals. The Legal Services Corporation maintains a directory of federally funded legal aid programs by state.
Bankruptcy petition preparers are not attorneys and cannot give legal advice, but they can assist with completing and filing forms for a fee. Their services are governed by 11 U.S.C. § 110.
Attorney payment plans. Many bankruptcy attorneys offer payment plans, particularly for Chapter 13 cases where fees are often paid through the plan itself over time.
Hidden And Ongoing Costs Most Guides Skip
The cost of bankruptcy does not end at the filing fee and attorney invoice.
Credit score impact. A Chapter 7 bankruptcy remains on your credit report for 10 years from the filing date under the Fair Credit Reporting Act. Chapter 13 remains for 7 years. The effect on your ability to obtain credit, rent an apartment, or, in some cases, secure employment is real and should factor into your decision.
Re-filing restrictions. If you file Chapter 7 and later need debt relief again, you cannot receive a discharge in another Chapter 7 case for 8 years from your prior filing date. Chapter 13 discharge bars vary depending on which chapter you previously filed.
Tax implications. Debt discharged in bankruptcy is generally excluded from gross income under 26 U.S.C. § 108. However, there are exceptions and situations where other tax issues arise. A tax professional should review your specific situation.
Post-discharge financial rebuilding. Credit rebuilding after bankruptcy takes time and often requires secured credit cards, credit-builder loans, or other specific steps. Budget for the tools and time required.
How Debt Settlement Compares On Cost
Bankruptcy and debt settlement address similar problems, which are significant unsecured debt that has become unmanageable, but through structurally different mechanisms.
Bankruptcy discharges eligible debts through a court process. Debt settlement negotiates with individual creditors to accept a reduced balance, with no court involvement.
How debt settlement works differs from bankruptcy in several ways relevant to cost and process:
No upfront court fees. There is no filing fee with a debt settlement program.
Success-based fees. Century’s program charges fees only after each individual debt is settled and you approve that settlement. Fees apply per settlement, not as a single payment at the end of the program.
Credit impact. Debt settlement will negatively affect your credit during the program. Both paths affect credit, though the duration and nature of the mark differ.
Eligibility. Not everyone qualifies for bankruptcy, and not everyone qualifies for a debt settlement program. A free consultation with a Certified Debt Specialist gives you a specific picture of what debt settlement would look like for your accounts before you make any decision.
If you are weighing debt settlement vs. bankruptcy, the right answer depends on your debt types, income, assets, and financial goals.
Also, read:
Not Sure Which Path Fits Your Situation?
If you are carrying $10,000 or more in unsecured debt and are in genuine financial hardship, a free consultation with a Certified Debt Specialist gives you a complete picture of what debt settlement would involve for your specific accounts, before you make any decision. There is no cost to understand your options.
| Speak With a Certified Debt Specialist |
| Century has helped more than 330,000 people address unsecured debt. Every consultation is free, requires no commitment, and involves no fees of any kind until a debt is settled and you approve it. Call 855-417-6648 or start your free consultation at centuryss.com.
Results vary. Not all debts or consumers qualify. Debt settlement will negatively affect your credit during the program. Fees are success-based and vary by state. |
FAQ
How much does it cost to file Chapter 7 bankruptcy in 2026?
The court filing fee for Chapter 7 is $338. Adding the two mandatory courses (credit counseling and debtor education) brings the minimum cost to roughly $400-$440. With an attorney, total costs typically range from $1,500 to $4,000, depending on case complexity and location.
How much does it cost to file Chapter 13 bankruptcy in 2026?
The Chapter 13 filing fee is $313. With the two required courses and attorney fees, most filers pay between $3,500 and $6,500, or more, before accounting for ongoing trustee fees paid over the 3- to 5-year repayment plan.
Can I get my bankruptcy filing fee waived?
Yes. Filers whose income is less than 150% of the federal poverty level may apply for a fee waiver using Official Form 103B. Approval is at the court’s discretion. Alternatively, filers may request to pay the filing fee in installments using Official Form 103A.
How long does bankruptcy stay on my credit report?
Chapter 7 bankruptcy remains on your credit report for 10 years from the filing date. Chapter 13 bankruptcy remains on your record for 7 years. Both are governed by the Fair Credit Reporting Act.
Does bankruptcy clear medical debt?
Medical debt is generally treated as unsecured debt and is typically dischargeable in Chapter 7 bankruptcy. In Chapter 13, you repay a portion of it through your plan. Consult a bankruptcy attorney about your specific circumstances.
Is debt settlement cheaper than bankruptcy?
The cost comparison depends on the size and type of your debt, your state, and whether you retain an attorney. Debt settlement involves no court filing fees and charges success-based fees per individual settlement. Bankruptcy involves court fees, mandatory courses, and typically attorney fees. The right choice depends on your full financial picture. A Certified Debt Specialist can walk you through how settlement would apply to your specific accounts at no cost.
Resources
The following sources were used in the research and preparation of this article.
- United States Courts: Bankruptcy Filing Fees — current federal court fee schedule for Chapter 7 and Chapter 13 cases.
- U.S. Department of Justice: U.S. Trustee Program — approved credit counseling and debtor education providers; debtor rights and responsibilities.
- Fair Credit Reporting Act, 15 U.S.C. § 1681c — reporting periods for bankruptcy filings (7 years for Chapter 13, 10 years for Chapter 7).
- 28 U.S.C. § 1930 — statutory authority for federal bankruptcy filing fees.
- 11 U.S.C. § 110 — bankruptcy petition preparers: rules and restrictions.
- 26 U.S.C. § 108 — exclusion from gross income for discharged debt in bankruptcy.
- Legal Services Corporation: Find Legal Aid — directory of federally funded legal aid programs by state.
- National Association of Consumer Bankruptcy Attorneys (NACBA) — directory for locating consumer bankruptcy attorneys.
- Consumer Financial Protection Bureau: Bankruptcy — consumer-facing overview of bankruptcy types and implications.