How much does a bankruptcy lawyer cost?
Short answer
Filing bankruptcy costs a $338 court fee for Chapter 7 or $313 for Chapter 13, plus a pre-filing credit counseling course (fees of $50 or less are presumed reasonable and must be waived if you cannot pay) and a post-filing debtor education course. Chapter 7 lawyers usually charge a flat fee before filing; Chapter 13 lawyers are often paid partly through the plan, under court-set presumptive fees such as the $5,500 maximum in the Northern District of Illinois for cases filed on or after June 1, 2025.
What bankruptcy costs: four layers
Filing for bankruptcy costs a court filing fee, two required courses, and, if you hire one, a lawyer. The government pieces are fixed nationwide; the lawyer's fee varies by chapter, district and complexity.
| Item | Chapter 7 | Chapter 13 |
|---|---|---|
| Court filing fee | $338 total: $245 filing + $78 administrative + $15 trustee surcharge [1] | $313 total: $235 filing + $78 administrative [1] |
| Credit counseling (before filing) | Required within the 180 days before you file [3]; agency fees of $50 or less are presumed reasonable, and agencies must waive the fee in whole or part if you cannot pay [4] | |
| Debtor education course (after filing) | Required after filing to receive a discharge; take it from a U.S. Trustee-approved provider [5] | |
| Lawyer | Usually a flat fee paid before filing | Often partly paid through the plan |
If you cannot pay the filing fee at once, individual debtors can ask to pay in up to four installments, with the last due within 120 days of filing (extendable for cause to no more than 180 days) [1]. A Chapter 7 fee can be waived if your income is below 150% of the poverty guidelines and you cannot pay even in installments [2].
Chapter 7 lawyer fees
Chapter 7 (liquidation) cases are usually short, and most consumer bankruptcy lawyers charge a flat fee for them. Many ask for the full fee before they file, so budget for it in advance. Clio's 2025 data puts the average bankruptcy lawyer's hourly rate at $460 [10], but a flat fee for a simple case is typically not tied to hours.
Example (illustrative, not a quote): if a lawyer quoted a flat fee equal to 4 hours at the $460 average (4 × $460 = $1,840), your total out-of-pocket would be $1,840 + $338 filing fee = $2,178, plus your two course fees.
What pushes a Chapter 7 fee up
- Income near your state's median, which makes the means test harder (see below).
- A house, car or business you want to keep, or assets at risk of sale by the trustee.
- Recent large payments to relatives, transfers of property or luxury purchases.
- A creditor lawsuit (adversary proceeding) objecting to discharge, which is often billed separately.
Chapter 13 fees: paid through the plan
Chapter 13 is a three- to five-year repayment plan, so lawyers do far more work and usually collect part of the fee before filing and the rest through your plan payments. Many bankruptcy courts set a "no-look" or presumptive fee: a flat amount the court will approve without an itemized fee application if the lawyer agrees to provide a defined set of services.
Example from a real district: in the Northern District of Illinois (Chicago), the maximum flat fee for chapter 13 debtor's counsel under the Court-Approved Retention Agreement is $5,500 for cases filed on or after June 1, 2025 [7]. The agreement covers pre-filing advice, preparing the case, the meeting of creditors, hearings, routine motions and claim objections, but not most adversary proceedings, a later Chapter 7 conversion, or appeals [8]. After filing, unpaid fees are paid by the trustee from your plan payments, and you may not pay the lawyer directly [8].
Example: if you paid $1,500 before filing toward that $5,500 maximum, the remaining $5,500 − $1,500 = $4,000 would be paid through your Chapter 13 plan.
The means test and why it affects cost
To file Chapter 7 as an individual with mostly consumer debts, you must pass the means test. If your disposable income is above certain thresholds, the U.S. Trustee or creditors can ask the court to dismiss the case, and the test also sets a starting point for Chapter 13 payments for some debtors [6]. The test starts with your state's median family income; the U.S. Trustee updated that data for cases filed on or after April 1, 2026 [6]. If your income is above the median, the paperwork is longer and the lawyer's fee is often higher.
Protections on what your lawyer can charge
Your bankruptcy lawyer must file a statement with the court disclosing what you paid or agreed to pay within the year before filing, and where the money came from. If the fee exceeds the reasonable value of the services, the court can cancel the agreement or order the excess returned [9].
Questions to ask
- Is the fee flat, and exactly what does it include? Are the 341 meeting and any motions covered?
- Does the quote include the $338 or $313 filing fee and the two course fees?
- In Chapter 13, how much is paid before filing and how much through the plan?
- What is billed extra: creditor lawsuits, motions to keep a car or house, conversion to another chapter?
Can you file without a lawyer?
You can file on your own, but it is risky in Chapter 13 and in any case involving a home, business, recent transfers or income above the median. If cost is the obstacle, contact your state's legal aid organizations or bar referral service through your state page, and see legal aid guide and can I afford a lawyer.
Frequently asked questions
Can I pay the bankruptcy filing fee in installments?
Yes, individuals can ask the court for permission to pay in up to four installments, with the last one due within 120 days of filing; the court can extend that for cause to no more than 180 days. A Chapter 7 fee can be waived if your income is below 150% of the poverty guidelines and you cannot pay in installments.
Why is a Chapter 13 lawyer more expensive than Chapter 7?
Chapter 13 lasts three to five years and the lawyer stays involved for the whole plan: confirmation, motions, claim objections and plan changes. Courts often allow part of the fee to be paid through your plan payments.
How much do the required bankruptcy courses cost?
Approved credit counseling agencies may charge $50 or less without special approval, and must waive the fee in whole or part if you cannot pay, which is presumed when household income is below 150% of the poverty guidelines. Ask the debtor education provider about its fee and any reduction too.
Can my bankruptcy lawyer charge whatever they want?
No. The lawyer must disclose the fee to the court, and the court can cancel the agreement or order a refund of any amount that exceeds the reasonable value of the services.
Sources
- Court Fees — U.S. Bankruptcy Court, Eastern District of North Carolina. Chapter 7 $338 ($245 + $78 + $15); Chapter 13 $313 ($235 + $78), effective Dec. 1, 2023; installment payments (checked October 11, 2026)
- Bankruptcy Court Miscellaneous Fee Schedule — Administrative Office of the U.S. Courts. Administrative fee and trustee surcharge components; fee waiver framework under 28 U.S.C. 1930(f) (checked October 11, 2026)
- 11 U.S. Code § 109 — Legal Information Institute, Cornell Law School. Credit counseling from an approved agency within 180 days before filing (checked October 11, 2026)
- 28 CFR 58.21: fee requirements for approved credit counseling agencies — eCFR (current as of Sept. 28, 2026). Fees of $50 or less presumed reasonable; mandatory waiver for inability to pay, presumed below 150% of poverty guidelines (checked October 11, 2026)
- Credit Counseling & Debtor Education Information — U.S. Trustee Program, U.S. Department of Justice. Counseling before filing, debtor education after filing; lists of approved providers (checked October 11, 2026)
- Means Testing — U.S. Trustee Program, U.S. Department of Justice. Means test purpose; median income data updated for cases filed on or after April 1, 2026 (checked October 11, 2026)
- General Order No. 13-01 (Third Amended) — U.S. Bankruptcy Court, Northern District of Illinois. Maximum chapter 13 flat fee of $5,500 under the Court-Approved Retention Agreement for cases filed on or after June 1, 2025 (checked October 11, 2026)
- Form 13-8, Court-Approved Retention Agreement (cases filed on or after March 15, 2021) — U.S. Bankruptcy Court, Northern District of Illinois. Services covered by the flat fee, exclusions, expenses and payment through the plan (checked October 11, 2026)
- 11 U.S. Code § 329 — Legal Information Institute, Cornell Law School. Debtor's lawyer must disclose compensation; court may order excessive fees returned (checked October 11, 2026)
- Compare Lawyer Rates (2025 Legal Trends Report data) — Clio. 2025 average hourly rates: all lawyers $349; by practice area (criminal, family, employment, immigration, bankruptcy, workers' comp) (checked October 11, 2026)