Can I File Bankruptcy for Free? Fee Waivers and Installment Plans
Last updated: March 2026
Yes, it is possible to file bankruptcy for free or close to free. Between fee waivers, installment plans, legal aid organizations, and pro bono attorneys, there are multiple paths to filing even if you have very little money. This page explains each option.
Option 1: Fee Waiver (Chapter 7 Only)
Chapter 7 is the only chapter of bankruptcy where the court filing fee can be completely waived. This is known as filing "in forma pauperis" (IFP), which is Latin for "in the manner of a pauper." The legal basis is 28 U.S.C. Section 1930(f).
Who Qualifies
To qualify for a Chapter 7 fee waiver, you must demonstrate both of the following:
- Your household income is below 150% of the federal poverty guidelines. This is based on your total household income, not just your individual income.
- You are unable to pay the filing fee even in installments. The court considers your income, expenses, and any available cash or assets.
Income Thresholds (150% of Federal Poverty Guidelines)
| Household Size | Annual Income | Monthly Income |
|---|---|---|
| 1 person | $22,590 | $1,883 |
| 2 people | $30,660 | $2,555 |
| 3 people | $38,730 | $3,228 |
| 4 people | $46,800 | $3,900 |
| 5 people | $54,870 | $4,573 |
| 6 people | $62,940 | $5,245 |
Add $8,070 per year for each additional person. Alaska and Hawaii have higher thresholds.
How to Apply
- Complete Official Form 103B (Application to Have the Chapter 7 Filing Fee Waived)
- File it with your bankruptcy petition
- The court reviews your income and expenses
- If approved, the $338 filing fee is waived entirely
- If denied, you can request to pay in installments instead
Option 2: Installment Payments (All Chapters)
If you do not qualify for a fee waiver (or are filing under Chapter 13, 11, or 12 where waivers are not available), you can pay the filing fee in installments.
How Installment Payments Work
- File Official Form 103A (Application to Pay Filing Fee in Installments) with your petition
- The fee is split into up to four payments
- All payments must be completed within 120 days of filing
- The court can extend this to 180 days for good cause
- The first payment is due at filing (can be as low as 25% of the total fee)
- No interest is charged
Installment Schedule Example (Chapter 13 -- $313)
| Payment | Amount | Due Date |
|---|---|---|
| 1st installment | $78.25 | At filing |
| 2nd installment | $78.25 | Within 30 days |
| 3rd installment | $78.25 | Within 60 days |
| 4th installment | $78.25 | Within 120 days |
Option 3: Legal Aid (Free Attorney Representation)
Legal aid organizations provide free legal services to low-income individuals, including bankruptcy representation. If you qualify, you receive a licensed attorney at no cost.
How to Find Legal Aid
- LawHelp.org: Enter your zip code to find legal aid organizations in your area
- Legal Services Corporation (LSC): The largest funder of civil legal aid in the U.S. -- lsc.gov/get-legal-help
- Local bar association: Most bar associations maintain pro bono referral programs
- Law school clinics: Many law schools operate bankruptcy clinics where supervised law students handle cases for free
Eligibility
Most legal aid organizations use income-based eligibility, typically requiring household income at or below 125-200% of the federal poverty guidelines. Some organizations also consider assets and the nature of your legal problem.
Legal aid demand consistently exceeds supply. Many organizations have waiting lists or limit the types of bankruptcy cases they accept. Apply as early as possible.
Option 4: Pro Bono Attorneys
Some private bankruptcy attorneys take a certain number of cases for free (pro bono) each year. Pro bono work is encouraged by the American Bar Association's Model Rules of Professional Conduct, which suggest attorneys provide at least 50 hours of pro bono service annually.
Ways to find pro bono help:
- State and local bar associations: Most have formal pro bono programs
- Volunteer Lawyers Project: Active in many states
- National Association of Consumer Bankruptcy Attorneys (NACBA): Some member attorneys take pro bono cases
- Bankruptcy court websites: Some courts maintain lists of attorneys willing to take pro bono cases
Option 5: Pro Se Filing (Self-Representation)
You have the right to file bankruptcy without an attorney ("pro se"). This reduces your cost to just the filing fee ($338 for Chapter 7, $313 for Chapter 13) plus mandatory course fees ($30-100).
However, pro se filing comes with significant risks:
- Higher dismissal rates: Pro se cases are dismissed at much higher rates than attorney-represented cases
- Complex paperwork: Bankruptcy petitions require detailed schedules of assets, debts, income, and expenses
- Exemption mistakes: Claiming the wrong exemptions can result in losing property you could have kept
- Procedural traps: Missing deadlines, failing to attend hearings, or not responding to creditor objections can torpedo your case
- Chapter 13 plans: Writing a confirmable Chapter 13 plan without legal training is extremely difficult
Summary: Filing Bankruptcy on a Budget
| Option | Upfront Cost | Best For |
|---|---|---|
| Fee waiver + legal aid | $0 | Very low income, Chapter 7 |
| Legal aid + installments | $78 -- $85 | Low income, any chapter |
| Chapter 13 + installments | $78 -- $500 | Regular income, attorney paid through plan |
| Pro se + fee waiver | $0 | Very low income (high risk) |
| Pro se + installments | $78 -- $85 | Budget-constrained (high risk) |
The bottom line: being unable to afford a bankruptcy attorney is not a reason to delay filing. There are real options for reducing costs to near zero. Start by contacting legal aid in your area, then explore fee waivers and installment plans.