You can file for Chapter 7 bankruptcy without paying the $338 court filing fee if your income falls below 150% of the federal poverty guidelines. Even if you don’t qualify for a full fee waiver, you can request an installment plan that spreads the cost over several payments. Combined with free legal tools and pro bono attorneys, it’s possible to go through the entire bankruptcy process without spending anything out of pocket.
Get the Filing Fee Waived Entirely
The bankruptcy court can waive the Chapter 7 filing fee for people who can’t afford it. To request a waiver, you’ll submit Official Bankruptcy Form 103B, titled “Application to Have the Chapter 7 Filing Fee Waived,” along with your petition. The court will review your household income, expenses, and whether you receive any means-tested public benefits like SNAP, Medicaid, or TANF.
To qualify, your income generally needs to fall below 150% of the federal poverty guidelines for your household size. If you’re already receiving government assistance based on income, that strengthens your case. The judge has discretion to grant or deny the waiver, so you’ll want to fill out the application completely and accurately. There’s no separate hearing in most cases; the court decides based on your paperwork.
One important limitation: fee waivers are only available for Chapter 7 cases. If you’re filing Chapter 13 (which sets up a repayment plan), the court won’t waive the fee, though installment payments are still an option.
Pay in Installments If You Don’t Qualify
If your income is too high for a fee waiver but you still can’t pay the full amount upfront, you can ask the court to let you pay in installments. Federal Rule of Bankruptcy Procedure 1006 allows you to break the filing fee into up to four payments. The final payment must be made no later than 120 days after you file your petition, though the court can extend that to 180 days if you show cause.
You’ll need to file a separate application requesting the installment plan at the same time you file your bankruptcy petition. The court typically approves these requests as long as you haven’t already paid an attorney. If you’ve paid a lawyer, the court may question why the filing fee can’t also be paid in full.
Use Free Filing Tools From Upsolve
Upsolve is a nonprofit organization that helps people file Chapter 7 bankruptcy without hiring an attorney. Their online tool walks you through the required forms step by step, translating legal questions into plain language. If you qualify, the service is completely free.
To use Upsolve, you first need to pass the Chapter 7 means test, which compares your income and expenses to determine whether you have the ability to repay your debts. If your income is low enough relative to your state’s median, you pass and can proceed. Upsolve’s screener will tell you quickly whether you’re eligible for their help. The tool generates the completed bankruptcy forms, which you then file with your local bankruptcy court.
Upsolve works best for straightforward cases. If you own a home, have a business, or face a lawsuit from a creditor, the complexity may exceed what a self-filing tool can safely handle.
Find Free Legal Help
If your case is more complicated or you simply want professional guidance, free legal aid may be available. The Legal Services Corporation funds 130 independent nonprofit legal aid organizations across every state and U.S. territory. These organizations provide civil legal help to low-income Americans, and bankruptcy is one of the areas many of them cover.
To find a program near you, visit the LSC’s website and search by your location, or go to LawHelp.org, which also lists free legal resources and forms by state. Many local bar associations run pro bono programs where volunteer attorneys take on bankruptcy cases at no cost. Law school clinics are another option; students supervised by licensed professors handle real cases and can prepare and file your bankruptcy petition.
Availability varies by location and demand. Some programs have waitlists, so reach out early. Even if a legal aid office can’t represent you fully, they may offer a brief consultation to review your forms before you file on your own.
Filing on Your Own (Pro Se)
You have the legal right to file bankruptcy without an attorney. The courts call this filing “pro se.” All official bankruptcy forms are available for free from the U.S. Courts website, and individual filers use the forms numbered in the 100 series. Many courts also require additional local forms, so check your specific court’s website before you start.
Here’s what the process looks like when you handle it yourself:
- Complete credit counseling. You must finish an approved credit counseling course before you file. These courses are available online, and some agencies offer them for free or at reduced cost based on your income. You’ll receive a certificate that gets filed with your petition.
- Gather your financial documents. You’ll need pay stubs, tax returns, bank statements, a list of all debts, and a list of all property you own. The forms ask for detailed information about your income, expenses, assets, and creditors.
- Fill out the petition and schedules. The main petition is several pages, but the bulk of the work is in the schedules, which list your property, debts, income, and expenses. A tool like Upsolve can help you complete these correctly.
- File with the bankruptcy court. Submit your completed forms to the bankruptcy court in your district. Many courts accept electronic filing, though some require pro se filers to file in person or by mail.
- Attend the meeting of creditors. About 20 to 40 days after filing, you’ll attend a brief hearing called the 341 meeting. A court-appointed trustee will ask you questions under oath about your finances. Creditors are allowed to attend but rarely do.
- Complete a debtor education course. After filing, you’ll need to take a second financial education course and file the certificate with the court before your debts can be discharged.
The U.S. Courts website notes that pro se filers are expected to follow the same rules and procedures as attorneys, including the Federal Rules of Bankruptcy Procedure and local court rules. Mistakes on your forms can delay your case or result in dismissal, which is why free tools and legal aid are worth pursuing even if you plan to represent yourself.
Watch Out for Petition Preparers
When you file pro se, you may encounter non-attorney petition preparers who offer to help complete your forms for a fee. By law, these preparers can only type information into forms that you provide. They cannot give legal advice, explain how to answer questions, or represent you in court. They’re required to sign all documents they prepare, print their name and address on them, and give you copies. They also cannot charge you for court fees.
If your goal is to file for free, a petition preparer adds an unnecessary cost. The free tools and legal aid options described above provide more support than a petition preparer legally can, at no charge.
What “Free” Realistically Looks Like
A truly zero-cost bankruptcy filing combines a fee waiver (Form 103B) with either a free tool like Upsolve or representation from a legal aid organization. You’ll still invest time gathering documents, completing the required credit counseling and debtor education courses, and attending your meeting of creditors. Some credit counseling agencies waive their fees for low-income filers, so ask before paying.
If your income is too high for a fee waiver but too low to comfortably hire an attorney, the installment plan keeps your upfront costs minimal while you explore whether a legal aid program or law school clinic can handle your case. The combination of installment payments and free legal help gets many filers through the process without paying attorney fees.