Understand the real cost of filing bankruptcy — Chapter 7 or Chapter 13 — before you decide.
Federal filing fees are fixed. Attorney fees vary by region. All calculations stay in your browser. · Updated August 2026
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Eliminates most unsecured debt in ~4 months. Must pass means test. Filing fee: $338.
3–5 year repayment plan to keep assets. No income limit. Filing fee: $313.
Choose the statement closest to your situation. This does not determine eligibility; it identifies the path and questions worth discussing with a qualified bankruptcy professional.
It can address many unsecured debts relatively quickly, but eligibility depends on the means test and state exemption rules. Ask about assets, secured debts, recent transfers, and debts that cannot be discharged.
A three-to-five-year plan may help someone with reliable income keep certain property or catch up on eligible arrears. Ask whether the proposed payment is sustainable and which debts survive the plan.
A nonprofit debt-management plan, direct hardship arrangement, or negotiated repayment may be worth comparing. Review total cost, tax consequences, creditor participation, and the effect on credit before choosing.
| Question | Chapter 7 | Chapter 13 |
|---|---|---|
| Typical structure | Liquidation process | Court-supervised repayment plan |
| Typical duration | Often several months | Usually 3–5 years |
| Income consideration | Means-test eligibility applies | Regular income is generally needed for a feasible plan |
| Property concern | Nonexempt property may be at risk | May provide a path to retain property while paying under the plan |
Use this comparison as a question-builder: exemptions, dischargeability, eligibility, and outcomes vary by facts and jurisdiction.
Filing for bankruptcy in 2026 typically costs $1,500–$4,500 total for Chapter 7 and $4,000–$8,000 for Chapter 13, based on national averages. Court filing fees are set by federal law at $338 (Chapter 7) and $313 (Chapter 13) — the same nationwide. Attorney fees — optional but strongly recommended — generally run $1,000–$3,500 for Chapter 7 and $2,500–$5,000 for Chapter 13, depending on case complexity and region. Low-income filers may qualify for a Chapter 7 fee waiver if household income is below 150% of the federal poverty level.
Chapter 7 is a liquidation process that may discharge qualifying unsecured debt. Eligibility, exemptions, and the facts of the case determine whether property is at risk. Chapter 13 uses a court-approved repayment plan, generally lasting three to five years, and requires enough regular income for a feasible plan. Timing and outcomes vary by court and case; use the comparison above to prepare questions for a qualified bankruptcy professional.
Possible alternatives include asking creditors about hardship programs, speaking with a nonprofit credit counselor about a debt-management plan, or discussing settlement and consolidation risks with an independent professional. Terms, tax consequences, credit effects, and eligibility vary. Required pre-filing counseling is not the same as individualized legal advice, and no alternative is right for every household.
Average total attorney fee ranges for no-asset cases. Complex cases (business, significant assets) run 25–50% higher. Most firms offer free consultations.
| State | Ch. 7 Attorney Fee | Ch. 13 Attorney Fee | Notes |
|---|---|---|---|
| California | $1,500–$3,500 | $4,000–$7,500 | Higher in LA/Bay Area; no-look fee ~$4,250 in Ch. 13 |
| Texas | $1,200–$2,800 | $3,500–$6,000 | Strong homestead exemption; many no-asset Ch. 7 cases |
| Florida | $1,000–$2,500 | $3,000–$5,500 | Unlimited homestead exemption (primary residence) |
| New York | $1,500–$3,500 | $4,000–$7,000 | NYC metro commands premium; EDNY/SDNY courts |
| Illinois | $1,200–$2,500 | $3,000–$5,500 | Chicago-area rates at upper end of range |
| Georgia | $1,000–$2,200 | $3,000–$5,000 | Atlanta metro 2026 filings up 18% YoY |
| Ohio | $1,000–$2,000 | $3,000–$4,500 | Among the more affordable states for attorney fees |
| Pennsylvania | $1,200–$2,500 | $3,000–$5,000 | Philadelphia rates at the higher end |
| North Carolina | $1,000–$2,000 | $3,000–$4,500 | EDNC/WDNC courts; relatively low cost market |
| Michigan | $1,000–$2,200 | $3,000–$4,800 | Detroit metro higher; outstate markets competitive |
| Virginia | $1,200–$2,500 | $3,200–$5,500 | Northern VA/DC suburbs at upper end |
| Arizona | $1,000–$2,200 | $3,000–$4,800 | Phoenix market competitive; Tucson lower end |
| Tennessee | $900–$1,800 | $2,800–$4,500 | Among lowest-cost states; Nashville rising |
| Washington | $1,500–$3,000 | $3,500–$6,000 | Seattle-area costs comparable to California |
| Colorado | $1,200–$2,500 | $3,000–$5,000 | Denver market expanding rapidly; 2026 filings up 22% |
| Nevada | $1,000–$2,200 | $3,000–$5,000 | Las Vegas high volume market; competitive fees |
| National Average | $1,200–$2,800 | $3,200–$5,800 | Add $338 (Ch.7) or $313 (Ch.13) court filing fee |
Sources: American Bankruptcy Institute, PACER district fee data, attorney survey data 2026. Ranges reflect no-asset consumer cases; business or high-asset cases are higher.
Use this comparison to understand which chapter fits your situation before consulting an attorney.
| Factor | Chapter 7 | Chapter 13 |
|---|---|---|
| Nickname | Liquidation / Fresh Start | Reorganization / Wage Earner's Plan |
| Income Requirement | Must pass means test (income below state median, or disposable income too low) | Must have regular income sufficient to fund a repayment plan |
| Timeline to Discharge | 3–6 months | 3–5 years (repayment plan) |
| Home Foreclosure | Temporarily halts; does not save home if mortgage is behind | Can catch up on arrears and save home during plan |
| Non-Exempt Assets | Trustee may liquidate non-exempt property to repay creditors | Keep all property; pay value of non-exempt assets into plan |
| Credit Card / Medical Debt | Fully discharged (wiped out) | Partial repayment required through plan |
| Student Loans | Generally not dischargeable (rare hardship exception) | Generally not dischargeable; payments paused during plan |
| Car Loan (behind on payments) | Surrender car or reaffirm debt; no catching up allowed | Catch up arrears through plan; may also "cram down" loan balance |
| Credit Report Impact | Stays on report 10 years | Stays on report 7 years |
| Filing Fee (2026) | $338 (waiver available if income <150% FPL) | $313 (no waiver) |
| Typical Attorney Fee | $1,000–$3,500 | $3,000–$6,000 (often paid through plan) |
| Best For | Low income; no home to save; mostly unsecured debt (credit cards, medical) | Regular income; saving a home; significant non-exempt assets; car arrears |
Sources: U.S. Bankruptcy Code (11 U.S.C.), PACER 2026 filing fee schedule, National Consumer Law Center. Not legal advice.
A bankruptcy attorney is strongly advisable for virtually all bankruptcy filings. Most bankruptcy attorneys offer free initial consultations, during which they review your debts, income, and assets to tell you whether Chapter 7 or Chapter 13 is appropriate, estimate the costs, and clarify what debts can be eliminated. Hiring an attorney is especially important when: you own a home and are trying to stop foreclosure; you are self-employed with complex income; you own a business; any of your debts may be non-dischargeable; or you have assets above your state's exemption limits. Even for simple no-asset Chapter 7 cases, the attorney's fee ($1,000–$2,000) buys peace of mind that the filing is accurate, complete, and structured to protect your maximum allowable exemptions. Before paying a bankruptcy attorney, also explore whether non-bankruptcy alternatives — debt settlement, creditor hardship programs, or debt management plans through nonprofit credit counseling agencies — might address your situation without the 7–10 year credit impact of a bankruptcy filing.
A median-income filer choosing Chapter 7 with an attorney in an average-cost state pays:
Fixed filing fees: U.S. Courts. Attorney fees are broad market planning ranges and vary significantly by location, provider, and case complexity.
Fixed filing charges are checked against the U.S. Courts bankruptcy fee schedule. Attorney fees and course costs are variable planning ranges, not official prices; compare them with written quotes and the Justice Department's approved provider information.
All calculations occur in your browser — no data is sent to any server. Results are estimates only; actual costs depend on your jurisdiction, case complexity, and attorney. Not legal advice.
Written by the FreeLegalIQ Editorial Team · Last updated: August 2026
Filing fees sourced from U.S. Courts official fee schedule (uscourts.gov). Attorney cost benchmarks from the Clio Legal Trends Report and National Law Journal attorney billing surveys.