The Fee to File for Bankruptcy
Each type of bankruptcy has a different filing fee. The court uses the fee to cover administrative expenses, such as the bankruptcy trustee's fee. The fee to file Chapter 13 is the lowest, while the fees to file Chapter 9 and Chapter 11 are the highest.
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Chapter 7 Filing Fee
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Chapter 7 is liquidation bankruptcy available to individuals with either low income or with primarily business debt. Chapter 7 is also available to businesses that are closing. The Chapter 7 filing fee is $299. This amount includes a $245 case filing fee, a $39 miscellaneous administrative fee and a $15 trustee surcharge. The debtor can ask the court's permission to pay the fee in up to four installments, but the debtor must pay all installments within 120 days from the date he files the case, but he can ask the court to extend that time to 180 days for good cause. If the debtor can show that his income is 150 percent or more below the poverty level and that he cannot afford to pay the filing fee, he can request that the court waive the filing fee altogether. The fee in installments and the fee waiver are only available to individual debtors; a corporate Chapter 7 debtor cannot waive the filing fee and cannot pay the fee in installments. Chapter 7 is the only chapter that allows the debtor to waive the filing fee.
Chapter 9 Filing Fee
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Chapter 9 is bankruptcy for municipalities such as cities and towns. Chapter 9 cases are very rare. The filing fee for a Chapter 9 is the same as that for Chapter 11, which is $1,000 plus a $39 administrative fee. A Chapter 9 debtor cannot pay the fee in installments.
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Chapter 11 Filing Fee
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A Chapter 11 bankruptcy is a reorganization. Businesses primarily file Chapter 11 as a way to restructure their companies, get rid of some debt and continue to operate without the burden. An individual can file Chapter 11 also if he makes too much money to file Chapter 7 but has too much debt to file Chapter 13. The fee to file Chapter 11 is $1,039, which includes a $1,000 case filing fee and a $39 administrative fee. An individual Chapter 11 debtor can request to pay the fee in up to four installments within 120 days after he files the case. He can request the court to extend that time to 180 days for good cause. A corporate Chapter 11 debtor cannot pay the fee in installments.
Chapter 12 Filing Fee
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Chapter 12 bankruptcy is similar to Chapter 11 and Chapter 9, but Chapter 12 bankruptcy is for family farmers or fishermen only. The fee to file Chapter 12 is $239, which includes a $200 case filing fee and a $39 administrative fee. The debtor can request to pay the fee in no more than four installments and must pay the final installment within 120 days after he files his case. The court may extend that time to 180 days for good cause.
Chapter 13 Filing Fee
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A Chapter 13 is a reorganization bankruptcy. Only individuals can file Chapter 13, and only if their debts fall below a certain limit. A Chapter 13 debtor pays his creditors back over a period of three to five years. The filing fee for a Chapter 13 case is $274, which includes a $235 case filing fee and a $39 administrative fee. Like in the other chapters that involve individuals, a Chapter 13 debtor may pay the fee in installments. The court limits the number of installments to four, and the final installment is due within 120 days after the debtor files his case. The court may extend the time to 180 days for good cause.
Joint Individual Cases
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If a married couple files a joint bankruptcy case under any chapter, the couple must only pay one filing fee.
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References
- United States Courts: Bankruptcy Basics: Chapter 7 -- How Chapter 7 Works
- United States Courts: Bankruptcy Basics: Chapter 9
- United States Courts: Bankruptcy Basics: Chapter 11 -- How Chapter 11 Works
- United States Courts: Bankruptcy Basics: Chapter 12 -- How Chapter 12 Works
- United States Courts: Bankruptcy Basics: Chapter 13 -- How Chapter 13 Works
- Cornell University Law School: United States Code: Title 28, Section 1930
