Summary: You can file bankruptcy with little or no money. Chapter 7 filers under 150 percent of the poverty guidelines can get the $338 filing fee waived entirely; others can pay in installments. Approved counseling providers waive course fees for low-income filers. Legal aid societies, law school clinics, and pro bono bankruptcy attorneys handle qualifying cases free. Chapter 13 needs less upfront because most attorney fees are paid through the plan. The key forms are the fee waiver application (Official Form 103B) and the installment application (Official Form 103A), both available from the clerk.
Under 11 U.S.C. 1930(f), the court must waive the Chapter 7 filing fee if your income is below 150 percent of the poverty guidelines and you cannot pay in installments. For a single-person household in 2026, 150 percent of poverty is roughly $23,000; the figure scales with household size and is updated annually by HHS.
Apply with Official Form 103B, filed with your petition. Judges grant qualifying applications routinely; it is not discretionary charity but a statutory entitlement. The waiver covers the full $338. Note it applies to Chapter 7 only; Chapter 13 has no fee waiver, though installments are available.
If you are above the waiver line but still cash-strapped, Official Form 103A lets you pay the filing fee in up to four installments within 120 days of filing. The court sets the schedule; a typical pattern is four monthly payments of about $85.
The warning that matters: miss an installment and the case can be dismissed, and a dismissal can complicate refiling. Choose installments only if the schedule is genuinely affordable. The automatic stay still protects you while installments are current.
The two required courses, pre-filing credit counseling and pre-discharge debtor education, cost $25 to $50 each at approved providers, but providers must offer fee waivers or reductions for filers who cannot afford them. Ask directly; the waiver is routine and stigma-free.
Use only providers on the US Trustee's approved list for your district. Unapproved courses do not satisfy the requirement, and discovering that after filing means paying twice and delaying discharge.
Legal aid societies in most metro areas handle consumer Chapter 7 cases for income-qualifying filers at no cost. Law school bankruptcy clinics take cases supervised by faculty. Many private bankruptcy attorneys accept a set number of pro bono cases per year; call and ask, the worst answer is no.
For straightforward cases, some attorneys offer reduced flat fees well below market, or payment plans that complete before filing. Get any fee agreement in writing with the scope defined. Avoid non-attorney petition preparers for anything beyond the simplest case; their errors cost more than the savings.
Chapter 13 is structurally friendlier to broke filers: the filing fee is $313 with no waiver, but attorney fees of $3,000 to $5,000 are mostly paid through the 3-to-5-year plan, so the amount due before filing is often under $1,000. If you have regular income and need bankruptcy's powers (stopping foreclosure, curing arrears), Chapter 13's cash-flow profile may fit better than Chapter 7's lump-sum demand.
The tradeoff is the 3-to-5-year commitment and the trustee's fee. But when the alternative is losing the house for want of $2,000, the plan structure is the point.
Three traps. 1. Borrowing to pay the fee: new debt right before filing draws trustee scrutiny and can be deemed fraudulent. 2. Paying one creditor preferentially: repaying family or one card in full before filing can be clawed back as a preferential transfer. 3. Hiding assets or income to qualify for waivers: bankruptcy fraud is a federal crime; the waiver is not worth prison.
The honest path is slower but safe: stop paying dischargeable debts (with counsel's guidance), save the fee over 60 to 90 days, file the waiver or installment application if you qualify, and let the automatic stay do its work once filed.
Yes, in Chapter 7, if your income is below 150 percent of the federal poverty guidelines and you cannot pay in installments. File Official Form 103B with your petition.
Yes. Official Form 103A allows up to four installments within 120 days of filing. Missing an installment can get the case dismissed.
Legal aid societies, law school bankruptcy clinics, and pro bono programs of private attorneys. Call your local bar association's lawyer referral service for the list in your area.
Chapter 13: most attorney fees are paid through the 3-to-5-year plan, so the pre-filing outlay is often under $1,000, versus Chapter 7's typical $2,000-plus due before filing.
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Data current as of October 2026. Sources: 11 U.S.C. 1930(f); Official Forms 103A/103B; HHS poverty guidelines. Legal information only, not legal advice.