How Much Does It Cost to File Bankruptcy? 6 Costs Compared Across Chapter 7, 11, and 13

The cost of filing bankruptcy depends heavily on the chapter you choose. Chapter 7 is the cheapest, while Subchapter V Chapter 11 is the most complex and most expensive. Lawyer fees are only part of the cost. Typical totals include $1,500 to $3,500 in attorney’s fees for a consumer debtor with a primarily personal filing in Chapter 7. Those fees can reach $5,000 to $7,500 for primarily business debt. The court fee for Chapter 7 is $338. You should expect to pay around $4,500 to the attorney in a Chapter 13 case, with a filing fee of $313. For a “Subchapter V” Chapter 11, the attorney’s fees can reach from $15,000 to $25,000, with a filing fee of $1,738.

The attorney is paid in line with the work he has to do, and it depends heavily on how simple or complex your case is, and how much effort it takes to complete it. Then there are five other fees, depending on the chapter, and they vary as well: court filing fee, credit counseling class, chapter 13 trustee fee, subchapter V trustee escrow, and US Trustee quarterly fee.

If you choose Chapter 7 to liquidate, expect it to take 3-4 months. Note that your corporate debts are not discharged. Plus, it costs more to run a company through bankruptcy than it does a personal filing. A corporation can’t file Chapter 13 at all. Chapter 13 is only for individuals with unsecured debts less than $526,700. On the other hand, if you file Chapter 11 Sub-V, your debt limit can’t exceed $3,424,000.

The Chapter 7 court fee is $338: $245 to file + $78 administrative fee + $15 surcharge. You need a certificate of credit counseling for filing Chapter 7, Chapter 11 (including Subchapter V) or Chapter 13. You pay a fee, typically about $35. Federal bankruptcy law requires the counseling agency to lower or waive the fee if you can’t afford it. You may qualify to pay the Chapter 7 court fee in installments over 120 days. If your household income is under 150% of the poverty line and you can prove you can’t pay even in installments, the court can waive the fee entirely.

Attorney Fees for Chapter 13

The more expensive attorney fees for Chapter 13 reflect the fact that your lawyer may need to work for three to five years until your plan is fully paid out. But the up-front attorney fees are usually lower, often $500 to $1,000 at the beginning, with the rest paid from plan disbursements. The court fee for Chapter 13 is $313, payable in four monthly installments to be deducted from your plan payments.

The Chapter 13 trustee takes a commission based on the total amount paid out from your monthly payments. The rate can’t exceed 10% of your plan payments. It may be lower. This commission comes out of your regular monthly payments. It’s a factor to be considered when deciding which chapter to file under.

Sub-V Chapter 11 Cases

Sub-V chapter 11 cases are more expensive. Attorneys usually want a minimum retainer of at least $10,000, plus the filing fee of $1,738. The retainer isn’t a flat fee. Expect the final tab to be anywhere from $15,000 to $25,000 or even more if the case is extremely complex.

Subchapter V debtors escrow about $1,000 a month for the Sub V trustee during the case. (Hopefully it lasts no more than four to five months.) But Sub V cases don’t pay quarterly fees. Regular chapter 11 cases require a minimum quarterly fee of $250 from the debtor every quarter until closed, dismissed or converted. Even with no disbursements, the base fee of $250 per quarter applies. For debtors who disburse $1,000,000 or more in any quarter, the rate is 0.9%, capped at $250,000, from April 2026 through 2030.

Plan Ahead

To file Chapter 7 you need to come up with court fees and attorney fees at the beginning. For Chapter 13 you pay less up front. But you could be in a repayment plan for three to five years until the case closes, making the overall cost higher. Find out what you need up front. Get the cash together. It may take time. It is not unusual to end up borrowing from family members.

Seeing a lawyer as soon as you’re struggling to meet your obligations or your revenue has dropped sharply can give you time to plan. But if you wait until the day before the foreclosure, eviction or car repossession, you may find out you can’t afford to file.