[Updated August of 2026]
Cost is one of the first questions people ask us, and it’s a fair one. If you’re already dealing with financial strain, the idea of paying more money just to get help can feel backwards. Here’s a straightforward breakdown of what bankruptcy actually costs in New York, including the court fees, typical attorney fees, and the payment options that make filing possible even when you don’t have the full amount sitting in a bank account.
This article covers general cost information, not legal advice. Exact fees, especially attorney fees, vary by case and firm.
Court Filing Fees in New York
The bankruptcy court filing fee is the same in every federal court, including all four New York districts, since it’s set at the federal level rather than by each court.
Chapter 7: $338 total, made up of a $245 filing fee, a $78 administrative fee, and a $15 trustee surcharge.
Chapter 13: $313 total, made up of a $235 filing fee and a $78 administrative fee.
If your household income is below 150% of the federal poverty guidelines, you can ask the court to waive the Chapter 7 filing fee entirely by filing Form 103B. Chapter 13 doesn’t offer a fee waiver, but you generally don’t need one, since the filing fee can be paid through your repayment plan over time.
If you don’t qualify for a waiver but can’t pay the full fee upfront, both chapters allow you to request installment payments, generally up to four payments over 120 days. That means you can file your case as soon as you’re ready instead of waiting until you’ve saved the full amount. And once you file, the automatic stay takes effect immediately, which stops most creditors from contacting you, regardless of whether you paid the fee in full or are paying in installments.
Most New York bankruptcy courts accept money orders and certified or cashier’s checks for the filing fee. Some courts also allow electronic payment when filing through an attorney. Check with your specific district’s clerk, since accepted payment methods can vary and change over time.
Attorney Fees: The Real Cost Driver
The court fee is rarely the biggest expense. Attorney fees typically make up most of what you’ll actually pay, and they depend heavily on how complex your case is.
Some firms charge a flat fee for straightforward Chapter 7 cases, often in the range of $1,000 to $2,500. More complex cases, ones involving business debts, disputed exemptions, or multiple creditors, cost more because they take more attorney time to handle correctly.
What you’re paying for isn’t just the paperwork. A competent bankruptcy attorney’s fee typically covers legal representation through the entire case, guidance on required credit counseling and debtor education, and handling the details that determine whether your case goes smoothly or runs into complications.
Payment Plans Make This Accessible
We believe cost shouldn’t be the reason someone doesn’t get the fresh start they need. If you’re already recognizing a debt problem and taking the step to talk to an attorney, a lack of funds up front shouldn’t be what stops you.
That’s why payment plans matter, and why it’s worth asking directly about them at your first meeting. The initial consultation with a bankruptcy attorney should be free with no obligation. It’s your chance to explain your situation and hear what your realistic options are, including whether bankruptcy is even the right move. Not everyone who’s struggling needs to file. Debt consolidation or negotiation might fit better in some cases, and a good attorney should tell you that honestly rather than push you toward filing regardless.
When you do move forward with bankruptcy, payment structures generally differ by chapter:
Chapter 13: Many attorneys will file with little, or nothing paid upfront, since their fee can often be built into your monthly plan payments to the court over the life of the case.
Chapter 7: Attorneys typically require some payment before filing, since their fee gets discharged along with your other debts if you haven’t paid it yet, which means they can’t simply add it to a future payment plan the way a Chapter 13 attorney can. Even so, many firms will accept a partial payment upfront with the balance due before the case is filed, rather than requiring the full amount all at once.
One more thing worth keeping in mind: once you file, you generally stop paying most of your prior bills. That frees up monthly cash flow, which for a lot of clients makes the attorney fee more manageable than it looked at first glance.
If You Need Legal Help Outside of Bankruptcy
Bankruptcy is our focus, and it’s where we can genuinely help you navigate the cost and process. If your situation involves something outside that, family law matters, civil litigation, or other legal needs, the City Bar Justice Center’s Legal Hotline and LawHelpNY.org are both well-regarded resources that connect New Yorkers with free or low-cost legal help across a wide range of practice areas.
Talk to a Bankruptcy Attorney About Your Specific Costs
Every case is different, and the only way to get real numbers for your situation is to talk to someone directly. The Law Office of William Waldner works with clients on realistic payment structures because we believe the people who need a clean slate the most shouldn’t be blocked from getting one by the cost of asking for help.
Contact us today to schedule your free consultation. We’ll walk through whether bankruptcy fits your situation and exactly what the costs would look like for your case.
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