North Carolina Bankruptcy Attorneys
How Much Does It Cost to File Bankruptcy?
If you are already struggling with debt, asking about the cost of bankruptcy is completely reasonable. In fact, it is one of the most practical questions you can ask. Many people worry that they cannot afford to file bankruptcy even though they also cannot afford to keep covering garnishments, falling further behind on a mortgage, or watching collection actions move forward.
The cost to file bankruptcy depends on the type of bankruptcy, the court filing fee, required course fees, attorney fees, and how complex your case turns out to be. Chapter 7 and Chapter 13 are different kinds of cases with different timelines, different legal work, and different fee structures.
At Duncan Law, we explain costs during the consultation so you understand what is involved before making any decision. You will not be pressured to file bankruptcy, and you will not be required to hire anyone or sign paperwork during the call. The goal is to help you understand your options — including what they are likely to cost — so you can make an informed choice.
The Short Answer
Bankruptcy Costs Depend on the Chapter and the Case
The cost to file bankruptcy depends on whether you file Chapter 7 or Chapter 13, the bankruptcy court filing fee, required course fees, attorney fees, and the complexity of your case. Court filing fees are paid to the court and are separate from attorney fees. Required bankruptcy courses have their own fees charged by approved providers. Attorney fees vary based on the chapter filed and the facts of your situation.
The goal is not just to find the cheapest way to file. The goal is to understand the safest and most effective way to solve the debt problem — and whether bankruptcy is even the right answer for your situation.
Breaking Down the Costs
What Costs Are Involved in Filing Bankruptcy?
Bankruptcy typically involves several distinct costs. They do not all go to the same place, and not every case involves every cost.
| Cost | What It Covers | Important Note |
|---|---|---|
| Court filing fee | The fee paid to the bankruptcy court to open the case | Separate from attorney fees — subject to change |
| Attorney fees | Legal advice, case preparation, filing, representation, and case strategy | Varies by chapter, complexity, and local practice |
| Credit counseling course | Required course completed before filing for most individual debtors | Paid to an approved course provider |
| Debtor education course | Required course completed after filing before discharge is issued | Paid to an approved course provider |
| Credit reports or documents | Reports, records, title searches, appraisals, or other supporting documents | Not always required — depends on the case |
| Additional court fees | Amendments, conversions, adversary proceedings, reopening, or certain motions | Depends on what happens in the case |
| Chapter 13 trustee costs | Trustee administration and compensation paid through the repayment plan | Applies in Chapter 13 — verify locally |
Court filing fees are paid to the bankruptcy court and are separate from attorney fees. Both are separate from required course fees. Not every case involves every cost listed above — the total depends on the chapter filed and the facts of the case.
Paid to the Court
What Is the Bankruptcy Court Filing Fee?
The court filing fee is the amount charged by the bankruptcy court to open the case. It is paid to the court — not to an attorney. It is separate from attorney fees and separate from any required course fees.
As of publication, the court filing fee for a Chapter 7 case is $338, and the court filing fee for a Chapter 13 case is $313. These fees can change, so they should always be verified with the bankruptcy court before filing.
Chapter 7 Filing Fee
$338
Paid to the bankruptcy court
Subject to change — verify before filing
Chapter 13 Filing Fee
$313
Paid to the bankruptcy court
Subject to change — verify before filing
These amounts are based on the standard bankruptcy court filing fees under 28 U.S.C. § 1930 and the Bankruptcy Court Miscellaneous Fee Schedule. They are subject to change and should always be verified before filing.
Can I Pay the Filing Fee in Installments?
Bankruptcy courts may allow qualifying debtors to pay the filing fee in installments. This is not automatic — an application must be filed and approved by the court. No more than four installments are generally permitted, and the full fee must typically be paid before the case is discharged or dismissed.
Can the Chapter 7 Filing Fee Be Waived?
In some Chapter 7 cases, a debtor may apply to have the filing fee waived entirely. Eligibility generally requires that the debtor's income be at or below 150% of the federal poverty guidelines and that the debtor be unable to pay the fee in installments. A fee waiver is not automatic. The court must review and approve the application. Not every application is granted, and the waiver option is generally not available in Chapter 13 cases.
Chapter 7 Bankruptcy
How Much Does Chapter 7 Bankruptcy Cost?
Chapter 7 bankruptcy costs typically include the court filing fee, required course fees, and attorney fees. Chapter 7 is often a shorter process than Chapter 13 — most cases take a few months from filing to discharge.
Attorney fees in Chapter 7 can vary depending on the complexity of the case. Factors that may affect the cost include:
In many Chapter 7 cases, attorney fees are paid before the case is filed. This is because a pre-filing attorney fee balance may be treated as a debt in the bankruptcy case. The exact fee arrangement depends on the firm, the case, and applicable law.
The best way to understand the Chapter 7 cost is to speak with an attorney who can review your income, debts, property, and goals. Two cases that look similar on the surface can involve very different amounts of legal work.
Chapter 13 Bankruptcy
How Much Does Chapter 13 Bankruptcy Cost?
Chapter 13 bankruptcy costs typically include the court filing fee, required course fees, attorney fees, and the trustee's administration through the repayment plan. Chapter 13 is different because it involves a three-to-five-year repayment plan, more ongoing legal work, and more court oversight than Chapter 7.
In many Chapter 13 cases, some or all attorney fees may be paid through the Chapter 13 plan, depending on the case and local court practice. This means some fees may be spread over the repayment period rather than paid entirely before filing. This is one reason Chapter 13 may be more accessible for people who cannot pay all attorney fees upfront — but the full cost structure should always be discussed with an attorney before filing.
Chapter 13 costs depend on many case-specific factors:
Chapter 13 may cost more over time than Chapter 7, but it may offer tools Chapter 7 does not — such as catching up mortgage arrears, stopping repossession, protecting non-exempt property, and paying certain debts through a structured plan. Whether the additional cost is worth it depends on what problem bankruptcy needs to solve.
Side by Side
Chapter 7 vs. Chapter 13 Bankruptcy Costs
| Cost Issue | Chapter 7 | Chapter 13 |
|---|---|---|
| Court filing fee | Currently $338 — paid at filing unless installments or waiver apply | Currently $313 — paid at filing unless installments apply |
| Attorney fees | Often paid before filing | Often partly or fully paid through the plan, depending on local practice |
| Case length | Usually several months | Usually three to five years |
| Required courses | Pre-filing and post-filing courses required for most debtors | Pre-filing and post-filing courses required for most debtors |
| Trustee payments | Generally no monthly plan payment in a no-asset case | Monthly plan payments required throughout the case |
| Property risk | Non-exempt property may be at risk of liquidation | Non-exempt property may increase the required plan payment |
| Best fit | Often better for a fresh start if debtor qualifies and property is protected | Often better for stopping foreclosure, catching up arrears, or protecting property |
| Total cost | Often lower in total | Often higher over time — but may solve problems Chapter 7 cannot |
Chapter 7 is not automatically better because it may cost less. Chapter 13 is not automatically worse because it lasts longer. The right choice depends on what problem bankruptcy needs to solve — and which chapter actually solves it.
Affordability
Can I Make Payments Toward Bankruptcy Fees?
Many people who need bankruptcy are already stretched thin financially. This is one of the most common concerns — and it is worth addressing directly.
Chapter 7 and Payment Arrangements
Chapter 7 attorney fee payment arrangements are different from Chapter 13 because pre-filing debts may be affected by the bankruptcy case. In many Chapter 7 cases, attorney fees are paid before filing. The exact options depend on the firm and the facts. An attorney can explain what would be required before a Chapter 7 case could be filed in your situation.
Chapter 13 and Plan Payments
Chapter 13 often allows some attorney fees to be paid through the repayment plan, depending on local court practice and the case. This may make Chapter 13 more accessible for someone who cannot pay all fees before filing. However, Chapter 13 also requires ongoing monthly plan payments for three to five years, so the total cost picture needs to be understood before deciding.
Court Filing Fee Installments and Waivers
As discussed above, the bankruptcy court may allow filing fees to be paid in installments in qualifying cases, and some Chapter 7 debtors may qualify for a fee waiver. Neither is automatic — court approval is required.
Duncan Law can explain available payment options during a consultation so you understand what would be required before filing and what, if anything, may be paid over time. Do not assume bankruptcy is out of reach before speaking with an attorney.
Before and After Filing
How Much Do the Required Bankruptcy Courses Cost?
Most individual bankruptcy filers must complete two courses. Both are separate from attorney fees and separate from the court filing fee.
Credit Counseling Course
Completed before filing. Required for most individual debtors. Taken through an approved provider. A certificate is filed with the bankruptcy court.
Debtor Education Course
Completed after filing, before the discharge is issued. Required for most individual debtors. Also taken through an approved provider.
Course fees vary by provider. Some providers may offer reduced fees based on income. The courses are usually available online and typically take a couple of hours to complete. Your attorney can point you toward approved providers.
Every Case Is Different
Why Do Bankruptcy Attorney Fees Vary?
Attorney fees vary because cases vary. Two people can both say "I'm thinking about filing bankruptcy," but the amount of legal work their cases require can be very different. Factors that can affect attorney fees include:
Two people may both be filing bankruptcy, but their cases may involve very different legal risks and legal work. A simple Chapter 7 with no property issues and no lawsuits is a different case from a Chapter 7 involving a pending foreclosure, self-employment income, and recent property transfers. Fee differences usually reflect that difference.
Understanding the Value
What Are Bankruptcy Attorney Fees Paying For?
When someone hires a bankruptcy attorney, they are not just paying for paperwork. They are paying for legal knowledge, strategy, issue-spotting, and guidance through a process that affects property, credit, lawsuits, secured debts, taxes, and long-term financial options. Attorney fees in bankruptcy may cover:
Bankruptcy paperwork is important, but representation is not just paperwork. The value is issue-spotting, strategy, timing, risk reduction, and guidance through a process where mistakes are difficult and sometimes impossible to fix.
The Risk of Going It Alone
Is It Cheaper to File Bankruptcy Without a Lawyer?
Individuals are legally allowed to file bankruptcy without an attorney — this is called filing "pro se." It may appear cheaper upfront. But bankruptcy can affect property, exemptions, liens, secured debts, taxes, and long-term financial options. Mistakes can be expensive and in some cases irreversible.
Common risks in filing without an attorney include:
A lower upfront cost may not be a better deal if the filing goes wrong. Understanding what is at stake — property, debts, secured creditors, exemptions — is part of evaluating the real cost of self-representation.
The Full Financial Picture
Is Bankruptcy Worth the Cost?
The answer depends on what problem bankruptcy solves. Bankruptcy should not be evaluated only by what it costs to file. It should also be evaluated by what it may protect, stop, discharge, or reorganize — and what the alternative costs.
| If Bankruptcy May Help You… | The Cost May Need to Be Compared Against… |
|---|---|
| Stop wage garnishment | Continued money taken from every paycheck for months or years |
| Stop foreclosure | Loss of home, foreclosure fees, forced move, and deficiency risk |
| Stop repossession | Loss of transportation, auction deficiency debt, and collection action |
| Discharge credit card debt | Years of minimum payments, compounding interest, and eventual lawsuits |
| Discharge medical bills | Collection pressure, judgments, and garnishment on unmanageable amounts |
| Stop lawsuits | Judgments, liens on property, and ongoing collection action |
| Protect property | Risk of losing assets to creditors outside of the bankruptcy process |
| Reorganize tax or priority debt | Ongoing penalties, interest, IRS collection action, and payment pressure |
For many people, bankruptcy is not the expensive option — the expensive option is continuing to pay on debt that may be dischargeable, or watching garnishment reduce every paycheck, or losing a home to foreclosure. The right comparison is not bankruptcy cost versus zero — it is bankruptcy cost versus the cost of the current path.
Timing Matters
Can Waiting Make Bankruptcy More Expensive?
Getting information early almost always gives you more choices. Waiting — while a natural response to a stressful situation — can sometimes reduce options, increase costs, or make a bankruptcy case more complex. Here is what can happen during delay:
Getting advice early does not mean you have to file bankruptcy. It means you understand your options before more money, property, or time is lost. A consultation is about information — not commitment.
Be an Informed Consumer
Questions to Ask During a Bankruptcy Consultation About Cost
You should feel comfortable asking cost questions during a consultation. Cost is part of making an informed decision. Here are questions worth asking:
A good bankruptcy attorney should be able to explain costs clearly and honestly — including what is unknown until the case is reviewed more fully. Cost is part of the decision, and you are entitled to understand it.
Talk About Costs With an Attorney
What Happens If You Contact Duncan Law?
If you contact Duncan Law to discuss bankruptcy, here is what you can expect:
You speak with an actual attorney.
Your consultation is with an attorney — not a paralegal, intake worker, or salesperson. Bankruptcy questions involve real legal judgment, and you deserve someone who can actually evaluate your situation.
The consultation is by phone.
You can speak from home, work, or wherever is private and convenient. No office visit, no waiting room. Most consultations take about 25 to 45 minutes.
The attorney reviews your situation.
The attorney asks about income, expenses, debts, property, lawsuits, garnishments, foreclosure, vehicles, taxes, and goals — to understand what tools may apply to your situation.
The attorney explains your options.
Based on what you share, the attorney discusses whether Chapter 7, Chapter 13, or a non-bankruptcy alternative may make sense — and explains the likely cost structure for your situation.
You are not pressured.
You are not required to file bankruptcy, hire Duncan Law, or sign paperwork during or after the consultation. The goal is for you to understand your options and costs well enough to make an informed decision.
The goal is for you to leave the consultation with a clear picture of your options and the likely costs involved — so you can decide what makes sense for you.
Your Legal Team
The Attorneys You May Speak With
When you contact Duncan Law, you speak with an actual attorney about your situation and your options — including cost. Our attorneys have decades of combined experience helping North Carolina families navigate bankruptcy.
Frequently Asked Questions
Questions About the Cost to File Bankruptcy
The cost depends on the chapter filed, the court filing fee, required course fees, attorney fees, and case complexity. Chapter 7 and Chapter 13 typically have different cost structures. A consultation can help estimate the cost for your specific situation.
As of publication, the Chapter 7 court filing fee is $338. This fee is paid to the bankruptcy court — not to an attorney. Filing fees can change, so they should always be verified with the bankruptcy court before filing.
As of publication, the Chapter 13 court filing fee is $313. This fee is paid to the bankruptcy court — not to an attorney. Filing fees can change, so they should always be verified before filing.
No. Court filing fees are paid to the bankruptcy court to open the case. Attorney fees are paid for legal advice, case preparation, filing, representation, and strategy. They are completely separate costs, and both are separate from required course fees.
In many Chapter 13 cases, some attorney fees may be paid through the Chapter 13 repayment plan, depending on the case and local court practice. This is different from Chapter 7, where attorney fees are often paid before filing. An attorney can explain what arrangements may be available for your case.
In many Chapter 7 cases, attorney fees are paid before the case is filed because pre-filing attorney fee balances may be treated as a debt in the bankruptcy case. The exact arrangement depends on the firm, the facts, and applicable law. An attorney can explain the specific requirements for your case.
The bankruptcy court may allow qualifying debtors to pay the filing fee in installments. Approval is not automatic — an application must be filed and approved by the court. The specific requirements and limits on installments should be verified with current court rules before filing.
In some Chapter 7 cases, a debtor may apply for a fee waiver if they meet income and inability-to-pay requirements. Approval is not automatic — the court must approve the application. This option is generally not available for Chapter 13 cases.
Yes. Most individual bankruptcy filers must complete a credit counseling course before filing and a debtor education course after filing but before discharge. Both courses are completed through approved providers and have separate fees. Course costs vary by provider.
Chapter 7 often costs less overall because it is shorter and does not involve a multi-year repayment plan. But Chapter 13 may offer tools Chapter 7 cannot — such as catching up mortgage arrears, stopping repossession, or protecting property. The right choice depends on your situation, not just the cost.
Fees vary because cases vary. Income complexity, property issues, tax debt, lawsuits, foreclosure, prior bankruptcy filings, business ownership, self-employment, and Chapter 13 plan complexity can all affect the amount of legal work involved. Two cases that look similar on the surface can require very different work.
It may cost less upfront, but bankruptcy can affect property, exemptions, liens, secured debts, taxes, and long-term options. Individuals are legally allowed to file without an attorney, but mistakes can be costly and difficult to fix — including losing property that could have been protected, or having a discharge denied.
Attorney fees typically cover legal advice, reviewing income and assets, analyzing exemptions, preparing bankruptcy schedules and statements, filing the case, communicating with the trustee, preparing the client for the meeting of creditors, and guiding the client through the process. Specific coverage depends on the fee agreement.
It may. Bankruptcy can discharge debt, stop garnishments, stop foreclosure, stop repossession, and end collection pressure. For people paying garnishments, making minimum payments on dischargeable debt, or facing foreclosure, the financial benefit over time may significantly exceed the cost of filing. The analysis depends on the facts of the case.
Do not assume bankruptcy is out of reach without speaking with an attorney first. Chapter 13 may allow some attorney fees to be paid through the plan over time. Filing fee installment options or waivers may be available. The cost of filing should also be compared to the cost of continuing without bankruptcy — garnishments, foreclosure, and collection action can add up quickly. A consultation can help you understand the full picture.
Ready to Get Answers
Find Out What Bankruptcy Would Cost in Your Situation
If debt is affecting your paycheck, home, vehicle, bank account, or peace of mind, a phone consultation with Duncan Law can help you understand your options and the costs involved. You will speak with an actual attorney, get honest information about what bankruptcy may cost for your situation, and understand what options may exist before making any decision.
Duncan Law has been helping individuals and families across North Carolina with Chapter 7 and Chapter 13 bankruptcy since 1996. Our attorneys are board-certified specialists in consumer bankruptcy law. Our consultations are free, by phone, and on your schedule. There is no pressure and no obligation.
Disclaimer: This page provides general information about the cost to file bankruptcy and bankruptcy options in North Carolina. It is not legal advice and does not create an attorney-client relationship. Filing fees, court costs, attorney fees, course fees, trustee fees, and payment options can change and depend on your specific situation. Court filing fee amounts listed are current as of publication but are subject to change and should always be verified before filing. Representation with Duncan Law begins only if you choose to hire the firm and the firm agrees to represent you.
Duncan Law, LLP — North Carolina
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