How To Get a Bankruptcy Filing Fee Waiver in 3 Simple Steps
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If the bankruptcy filing fee is standing between you and a fresh start, you can apply for a fee waiver or to pay in installments. To qualify for a waiver, your income must be below 150% of the federal poverty guideline, and you must show that you can’t afford to pay in installments. This guide walks you through the fee waiver process, eligibility requirements, and what to do if your request is denied.
Written by Mae Koppes. Legally reviewed by Attorney Paige Hooper
Updated May 12, 2025
How To Get a Bankruptcy Filing Fee Waiver
If you can’t pay the Chapter 7 bankruptcy filing fee, you can apply to have it waived. There are three steps to applying for a filing fee waiver:
Figure out if you’re eligible for the fee waiver.
Complete the waiver application paperwork.
Submit the application to the court with your bankruptcy paperwork.
This article covers the general three-step process.
‼️If you use Upsolve’s free Chapter 7 filing tool to prepare your paperwork, Upsolve will prepare the application for you based on the information you provide if you’re eligible for a filing fee waiver. The fee waiver application will be a part of the filing packet that’s generated when your case is ready for filing.
Step 1: See if You’re Eligible for a Filing Fee Waiver
To qualify for a filing fee waiver, both of these must be true:
Your household income is less than 150% of the U.S. Department of Health and Human Services (HHS) poverty guideline for your household size.
You can't afford to pay the filing fee in installments.
Many filers also qualify for free bankruptcy credit counseling using similar criteria.
Let’s take a closer look at each of these eligibility requirements.
Does Your Income Qualify for a Fee Waiver?
To qualify for a fee waiver, your household income must be less than 150% of the federal poverty guideline for your family size. For bankruptcy purposes, your "family" includes:
You
Your spouse (if you're married and your spouse lives with you, you must also include your spouse's income even if your spouse isn’t filing bankruptcy)
Any dependents who live with you
💡Your monthly household income is the amount shown on Line 10 of Schedule I: Your Income, the form you completed as part of your bankruptcy petition, excluding any non-cash government assistance (such as food stamps or housing vouchers).💡
Even if your income is less than 150% of the official poverty line, to qualify for a fee waiver, your application must show that you can't afford to pay the filing fee.
By signing the fee waiver application form, you're certifying that you can't afford to pay the filing fee, either in full or in installments.
Step 2: Complete the Fee Waiver Application
To apply for a fee waiver, you'll need to complete the official form titled Application to Have the Chapter 7 Filing Fee Waived.
The information on your application form should match the information on your completed bankruptcy petition and schedules. This table shows which lines from your bankruptcy forms correspond to each item on the fee waiver application.
| Item on Fee Waiver Application (Official Form 103B) | Corresponding Form/Schedule/Line |
|---|---|
| 1 | Schedule J: Your Expenses, Lines 1-2 |
| 2 | Schedule I: Your Income, Line 10 (minus any non-cash governmental assistance included in Line 8f) |
| 6 | Schedule J: Your Expenses, Line 22c |
| 7–8 | Schedule I: Your Income, Line 11 |
| 10 | Schedule A/B: Property, Line 16 |
| 11 | Schedule A/B: Property, Line 17 |
| 12 | Schedule A/B: Property, Line 1.1 |
| 13 | Schedule A/B: Property, Lines 1.2 and 1.3 |
| 14 | Schedule A/B: Property, Lines 3 and 4 |
| 15 | Schedule A/B: Property, Lines 18-27, 35, and 37-53 |
| 16 | Schedule A/B: Property, Lines 28-34 |
| 17–19 | Form 107: Statement of Financial Affairs for Individuals Filing for Bankruptcy, Line 16 AND Form 2030: Disclosure of Compensation of Attorney for Debtor, Lines 1-3 OR Form 2800: Disclosure of Compensation of Bankruptcy Petition Preparer, Lines 1, 3 and 4 |
| 20 | Form 101: Voluntary Petition for Individuals Filing for Bankruptcy, Line 9 |
❗Note: The bankruptcy judge will complete most of the fourth page of the application form after they review your bankruptcy paperwork. You can fill in your name, district, and case number (if you know it) in the box at the top of the page, but don’t fill in any other information on this page.
Step 3: File Bankruptcy and Submit Your Application
Submit your fee waiver application to the bankruptcy court along with your bankruptcy petition, schedules, and other required forms. Depending on your district, you may be able to file these documents online, or you may need to deliver the documents in person or by mail.
The bankruptcy judge will review your application for a fee waiver and do one of three things:
Approve it and waive your filing fee
Deny it
Schedule a hearing, where you'll need to provide more information
Consider seeking free legal aid help if you're concerned about this process.
What Happens if the Court Schedules a Fee Waiver Hearing?
If the judge schedules a hearing, it usually means they need more information to decide whether to grant the fee waiver. You must appear at the hearing. The judge may ask you questions about your income, expenses, real estate, personal property, exemptions, or other relevant information.
Hearings on fee waiver applications are rare. You can reduce your chances of a hearing by filling out the waiver application and related forms completely and making sure your answers are consistent across all your documents.
What if You Don’t Qualify for a Fee Waiver?
If the bankruptcy judge denies your fee waiver request, they may require you to pay the full filing fee right away (usually within 5–10 days) or allow you to pay in installments. If they approve installment payments, they’ll specify the amounts and due dates.
If you don’t think you can meet the payment deadlines, you can file an application to request a different installment plan. But keep in mind, bankruptcy law requires the full filing fee to be paid within 120 days of filing your case. This 120-day period starts the day you file your bankruptcy petition, not the day you request installment payments. If your waiver was denied, you may need to schedule your payments closer together to meet the deadline. A date calculator can help you determine when the 120 days expires.
Filing an application for installment payments doesn’t guarantee approval, but courts are generally more likely to allow payments over time than to waive the fee entirely.
‼️ If you’re an Upsolve user and planning to pay the court filing fee in installments, Upsolve will prepare the application based on the information you provide. It will be included in the filing packet when your case is ready to be filed.
How Do Filing Fee Installment Payments Work?
If you can’t get a fee waiver, you may be able to pay your bankruptcy filing fee in installments.
You’ll need to propose a payment plan that meets these requirements:
You can’t make more than four total payments (but you can propose fewer).
Each payment must be due on a business day (no weekends or holidays).
If you’ve already made a payment, include the amount and date.
The total of all payments must equal the full filing fee ($338 for Chapter 7).
The final payment must be made within 120 days of filing your case.
Some U.S. Courts have extra rules for installment payments. For example, the District of Columbia and the District of Nevada courts have specific local requirements.
What Happens If You Miss an Installment Payment?
If you don’t make your payments on time, the court can dismiss your case, and you’ll still owe your debts. You also won’t get a refund for any payments you’ve made, and if you file for bankruptcy again, the court may not let you pay in installments.
Until your filing fee is paid in full, you can’t make payments for anything bankruptcy-related, including bankruptcy attorney fees, bankruptcy petition preparer fees, and bankruptcy counseling courses.
To keep your case on track, follow your payment schedule and meet all deadlines.
Bankruptcy Filing Fee FAQs
Filing for bankruptcy comes with a court fee, but if you can’t afford to pay it all at once, you might have options. Some people qualify for a fee waiver, while others can pay in installments over time. Below are answers to common questions about bankruptcy filing fees, fee waivers, and installment payment plans.
📱If you need legal advice specific to your situation, consider talking to a bankruptcy lawyer. Upsolve can connect you with a bankruptcy attorney near you for a free consultation.
What Are the Bankruptcy Filing Fees?
Everyone who files for bankruptcy has to pay a filing fee to the court or apply for a waiver.
💰For a Chapter 7 case, the current filing fee for individual debtors is $338. For a Chapter 13 bankruptcy, the current filing fee is $313.💰
The filing fee is usually due when you file your bankruptcy case with the court.
If you can't pay the filing fee up front, you can apply to pay the fee in installments, or even waive the fee completely. You must include this application when you file your bankruptcy petition, or the court may dismiss your case for not paying the filing fee.
Can You Apply for a Fee Waiver for Chapter 13 Cases?
In a Chapter 13 bankruptcy, you can apply to pay the filing fee in installments but not to waive the fee entirely.
Why? The goal of Chapter 13 bankruptcy is to create a plan to reorganize your debts so you can pay them off over 3–5 years. In other words, in Chapter 13, you’ll be making installment payments no matter what.
One of the requirements to qualify for a fee waiver is that you can't afford to pay the filing fee, even in installments. If you can afford the payments necessary for a Chapter 13 plan, the court assumes you can also afford to pay $313 over four months.
👉 If you pay the Chapter 13 filing fee in installments, the filing fee will be included in calculating your plan payment amount. You won’t have to pay extra in the first few months to cover the filing fee.
How Do Bankruptcy Courts Decide on Fee Waivers?
Applying for a fee waiver doesn’t guarantee approval. The bankruptcy judge will review your application to see if your income qualifies and whether you can afford to pay the fee, either in full or in installments.
Judges have discretion in these decisions, but some factors suggest you might be able to pay:
Your monthly disposable income is $80 or more. Bankruptcy law requires installment payments to be completed within 120 days. Since the $338 fee breaks down to about $84.50 per month, courts may expect you to pay if you have at least $80 in disposable income.
You own non-exempt assets worth $350 or more. If you have valuable property, the court may expect you to sell something to cover the fee.
You have $350 or more in cash or bank accounts. Even if the funds are exempt, the court may still consider them available.
Someone owes you $300 or more, and you expect to receive it within 180 days. The court may see this as a way to cover the filing fee.
These factors don’t automatically disqualify you. If they apply, you can explain any special circumstances on your application that prevent you from paying in installments.
