Chapter 7
$1,400 - $2,900
Filing fee + attorney + counseling
Chapter 13
$2,900 - $6,400
Filing fee + attorney + counseling + trustee
Chapter 7 Total Cost
Chapter 7 -- Itemized
Chapter 7 attorney fees must be paid before filing. If the attorney collects fees after filing, those fees become property of the bankruptcy estate. Most attorneys offer payment plans leading up to the filing date.
The $338 filing fee can be waived entirely if your income is below 150% of the federal poverty guidelines (file Form 103B), or paid in up to 4 installments over 120 days.
Chapter 13 Total Cost
Chapter 13 -- Itemized
Chapter 13 attorney fees are typically paid through the plan over 3-5 years. You may pay $0-$1,000 upfront, with the rest built into monthly payments. The Chapter 13 filing fee of $313 cannot be waived but can be paid in installments.
Side-by-Side Comparison
| Cost Item | Chapter 7 | Chapter 13 |
|---|---|---|
| Filing fee | $338 | $313 |
| Can fee be waived? | Yes (Form 103B) | No (installments only) |
| Attorney fees | $1,000-$2,500 | $3,000-$5,000 |
| When fees are paid | Before filing | Through 3-5 year plan |
| Credit counseling | $30-$100 | $30-$100 |
| Trustee fee | None | 7-10% of plan payments |
| Monthly plan payments | None | $200-$2,000+/month |
| Total direct cost | $1,400-$2,900 | $3,300-$5,400 |
| Discharge rate | 93%+ | ~40-50% |
| Expected cost of failure | ~$0 | $3,000-$10,000+ |
The Real Cost: Accounting for Failure
The cost comparison above only tells half the story. The other half is what happens when a case fails.
Chapter 13 failure scenario: Your case is dismissed after 2 years. You have paid approximately $2,000-$3,000 in attorney fees through the plan, $5,000-$15,000 in trustee payments, and $60-$100 in counseling fees. You receive no discharge. Creditors resume collection. Your attorney was paid. You got nothing.
Chapter 7 failure scenario (rare): Chapter 7 cases fail less than 7% of the time. Even then, the cost is limited to the upfront fees already paid. There are no years of monthly payments wasted.
When you factor in the probability of failure, the risk-adjusted cost of Chapter 13 is far higher than the sticker price suggests. For a detailed breakdown, see howmuchdoesbankruptcycost.com.
Why Chapter 13 Attorney Fees Are Higher
Chapter 13 requires significantly more attorney work:
- Plan preparation: Drafting a feasible 3-5 year repayment plan
- Confirmation hearing: Appearing in court to defend the plan
- Ongoing management: Plan modifications, creditor objections, annual income reviews
- Duration: The case may be open for 3-5 years vs. 3-4 months
Many districts set a "no-look" fee -- a presumptive amount that attorneys can charge without filing a detailed fee application. Typical no-look fees range from $3,000 to $5,000. If your attorney charges more, they must justify the excess to the court.
Ways to Reduce Costs
- File pro se: Eliminates attorney fees entirely. Risky but possible, especially for straightforward Chapter 7. See prosedebtors.org.
- Legal aid: Free representation for qualifying low-income filers. Contact your local bar association.
- Fee waiver (Ch.7): Income below 150% poverty -- file Form 103B to waive the $338 filing fee.
- Shop around: Get quotes from 3+ attorneys. Compare to the district's no-look fee guideline.
- Filing fee installments: Pay over 4 installments (120 days) instead of upfront.
For more cost reduction strategies, see free bankruptcy options.
Frequently Asked Questions
Last updated: March 2026. This is educational information, not legal advice.
Cited in Federal Rules Suggestion 26-BK-3