Chapter 13 bankruptcy lets you keep your property while you repay debts through a three- to five-year plan. Because it lasts much longer than Chapter 7, its costs are structured differently. So how much does a Chapter 13 bankruptcy cost? The total usually includes a court filing fee, attorney fees, two required courses, and a trustee fee built into your plan payments.
Here is what each piece involves, with figures taken from official sources where available.
The Main Costs At A Glance
| Cost | Typical Amount | When It Is Paid |
|---|---|---|
| Court filing fee | $313 total | At filing (installments may be allowed) |
| Credit counseling course | Often modest; fees of $50 or less are presumed reasonable | Before filing |
| Debtor education course | Often modest; fees of $50 or less are presumed reasonable | After filing, before discharge |
| Attorney fees | Varies widely by district and case | Partly upfront, often the rest through the plan |
| Chapter 13 trustee fee | Up to 10% of plan payments | Built into each plan payment |
Chapter 13 Court Filing Fee
The fee to file a Chapter 13 petition is $313. That is made up of a $235 filing fee plus a $78 administrative fee, according to the fee schedules posted by bankruptcy courts such as the Middle District of Florida and reflected in the Bankruptcy Court Miscellaneous Fee Schedule effective December 1, 2023. Court fees are set nationally and change occasionally, so confirm the current amount on your court’s website before filing.
Paying The Fee In Installments
According to the U.S. Courts Chapter 13 overview, the court may allow you to pay the filing fee in up to four installments. The final installment is generally due within 120 days of filing, and the court can extend that to 180 days for cause.
Unlike Chapter 7, Chapter 13 filing fees generally cannot be waived. The fee waiver under 28 U.S.C. § 1930(f) applies to Chapter 7 cases.
Credit Counseling And Debtor Education Course Costs
Every individual filer must complete two courses from providers approved by the U.S. Trustee Program:
- Credit counseling before you file, generally within the 180 days before filing.
- A debtor education (financial management) course after you file, which is a condition of receiving your discharge.
According to the U.S. Trustee Program’s debtor education FAQ, a fee of $50 or less is presumed reasonable. Providers must offer services without regard to your ability to pay, and people with household income below 150% of the federal poverty level are presumptively entitled to a fee waiver or reduction. Ask each provider about its fees and waiver policy before you start.
Chapter 13 Attorney Fees
Attorney fees are usually the largest cost in a Chapter 13 case. They are higher than for Chapter 7 because the attorney typically works with you for the full three to five years of your plan, handling plan confirmation, objections, modifications, and other issues.
How Attorney Fees Are Paid
A common feature of Chapter 13 is that you do not have to pay the entire attorney fee before filing. Many attorneys collect part of the fee upfront and receive the rest through your plan payments, subject to court approval. That can make Chapter 13 more accessible for people who cannot afford a large lump sum.
Presumptive Or “No-Look” Fees
Many bankruptcy courts set a “presumptively reasonable” or “no-look” fee. Attorneys who charge at or below that amount generally do not have to file a detailed itemized fee application. Courts set these amounts locally, so they vary from district to district. Two examples from official court documents:
- Western District of Wisconsin: For cases filed on or after May 1, 2024, the presumptively reasonable fee is $5,500, or $6,000 if the debtor participates in the court’s mortgage modification mediation program, according to the court’s published fee notice.
- Central District of California: The court’s Chapter 13 fee guidelines_Ch13Fees.pdf) set a maximum of $7,000 for consumer cases and $8,500 for business cases without a detailed fee application.
These examples are not national averages. Your actual cost depends on your district, your attorney, and how complex your case is. Ask for a written fee agreement that explains what is and is not included.
Before you file, it helps to review all three bureau reports so your attorney has a complete list of creditors and balances to include in your plan.
The Chapter 13 Trustee Fee
A standing Chapter 13 trustee administers your plan by collecting your payments and distributing them to creditors. The trustee receives a percentage fee on the payments made through the plan. By statute, 28 U.S.C. § 586(e), that percentage fee cannot exceed 10% for debtors who are not family farmers. The actual percentage is set periodically and may be lower than the cap.
This fee is built into your plan payment rather than billed separately. It is one reason Chapter 13 tends to cost more over time than Chapter 7.
Other Possible Costs
- Credit reports. You can get free reports from each bureau weekly at AnnualCreditReport.com.
- Fees for amending schedules or filing certain motions. Courts publish these in their fee schedules.
- Additional attorney work. Plan modifications or contested matters may involve added fees, depending on your agreement and local rules.
- Missing work to attend the meeting of creditors or court hearings.
Chapter 13 Vs. Chapter 7 Cost
| Cost | Chapter 7 | Chapter 13 |
|---|---|---|
| Court filing fee | $338 total ($245 + $78 + $15 trustee surcharge) | $313 total ($235 + $78) |
| Fee waiver available | Yes, if you qualify | Generally no |
| Attorney fees | Typically lower, usually paid before filing | Typically higher, often partly paid through the plan |
| Trustee percentage fee | No | Yes, up to 10% of plan payments |
| Length | A few months | Three to five years |
Chapter 7 is usually cheaper and faster, but not everyone qualifies, and it does not offer a way to catch up on a mortgage or car loan. Chapter 13 costs more, but it can protect property and allow you to pay attorney fees over time. Our hub article on how bankruptcy affects your credit score explains the credit reporting differences between the two.
Can You Lower The Cost Of Chapter 13?
- Compare attorneys. Ask several local bankruptcy attorneys for free consultations and written quotes.
- Ask about payment structure. Find out how much is due upfront and how much will be paid through the plan.
- Check legal aid. You may qualify for free help from a legal aid organization. The Legal Services Corporation has a legal aid finder.
- Ask course providers about waivers. Approved providers must consider ability to pay.
Filing Chapter 13 without a lawyer is legal but difficult. Read filing for bankruptcy without a lawyer before choosing that path. If you are also worried about your vehicle, see can I lose my car if I file for bankruptcy.
How Chapter 13 Affects Your Credit
A Chapter 13 case generally stays on your credit reports for seven years from the filing date. Accounts included in the plan are typically marked as included in bankruptcy until the plan is completed, then as discharged. Learn how scores are calculated in our guide to the credit score rating system.
During a multi-year plan, checking all three bureau reports periodically helps you confirm accounts in the plan are reported correctly and catch errors before they linger.
Frequently Asked Questions
Can I Get The Chapter 13 Filing Fee Waived?
Generally no. The fee waiver is available in Chapter 7 for qualifying low-income filers. In Chapter 13, you can ask the court to pay in installments.
Do I Have To Pay My Lawyer Everything Before Filing Chapter 13?
Usually not. Many attorneys collect part of the fee upfront and receive the rest through the plan, subject to court approval. Arrangements vary.
Is The Trustee Fee Paid Separately?
No. The trustee’s percentage fee is taken from the payments you make into the plan.
What Happens If My Case Is Dismissed?
You generally do not get the filing fee back, and attorney fees already earned are typically not refunded. Some courts set separate presumptive fees for dismissed cases.
Important Note
This article is general information, not legal or financial advice. Court fees, presumptive attorney fees, and trustee percentages vary and change over time. Before deciding, consider speaking with a bankruptcy attorney or a nonprofit credit counselor. The U.S. Trustee Program maintains the official list of approved credit counseling agencies.