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Is the $338 court fee more than you have? Learn how to pay in installments or ask to waive it.

Cannot Pay the $338 Bankruptcy Fee at Filing? Installments and the Chapter 7 Waiver

You have two applications to choose from: Form 103A to pay the court fee in up to 4 installments within 120 days, in either chapter, and Form 103B to ask for a full Chapter 7 waiver when your income is under 150 percent of the poverty line ($23,940 for one person, $49,500 for four). The court decides each.

By the end you will know: the 4-payment, 120-day installment rule and what it bars until the fee is paid; the two waiver conditions and the 2026 poverty figures; why the waiver test is not the means test.

Quick answer

The court fee is $338 for Chapter 7 and $313 for Chapter 13 (a lawyer's fee is separate), and as an individual in either chapter you can apply on Official Form 103A to pay it in up to 4 installments, all within 120 days of filing (the court may extend the last one to 180 days for cause). If you file Chapter 7, you can apply on Official Form 103B for a full waiver if your household income is below 150 percent of the official poverty line and you cannot pay the fee even in installments; on the HHS 2026 guidelines for the 48 contiguous states and DC, 150 percent is $23,940 for one person and $49,500 for four. Until the fee is paid in full, Rule 1006 bars further payments to an attorney or anyone else providing services in your case. The court decides every application; this page does not say who qualifies.

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By the Legal Cost by State Editorial TeamLast updated and source-checked October 14, 2026

What to do next

Three things to know before you file without the fee.

  1. 1

    Form 103A goes in with the petition

    It names up to 4 payment dates within 120 days of filing, and the clerk accepts your petition with it before any part of the fee is paid.

  2. 2

    Form 103B is the Chapter 7 waiver

    The court looks at your income against 150 percent of the poverty line and at whether you could pay in installments; both conditions apply, and the court decides.

  3. 3

    Mark each payment date; no one on the case can be paid until the fee is paid in full

    Rule 1006(b)(3) bars further payments to an attorney or anyone else providing services until the filing fee is paid in full, and uscourts.gov cites 11 U.S.C. 707(a) and 1307(c)(2) for dismissal after a missed installment.

The court rules on every application; this page gives you the forms and the figures, not a verdict.

What exactly can be split or waived? The whole $338 or $313

Rule 1006(a) of the Federal Rules of Bankruptcy Procedure requires the filing fee with every petition unless an installment or waiver application comes with it, and its "filing fee" counts both the 1930(a) fee and any Judicial Conference fee payable at filing. For Chapter 7 that is the $245 statutory fee, the $78 administrative fee and the $15 trustee surcharge, $338 in all; for Chapter 13 it is $235 plus $78, $313 in all. Both totals are the same in every district, and both are court fees only; a lawyer's fee is separate.

If you and your spouse file a joint petition, you pay one set of these fees (uscourts.gov), so the rules below apply to one set, not two.

Learn more. Tap a topic to open it.

Learn the five steps of an installment plan, from your application to what happens after a missed payment.

Learn the two conditions a Chapter 7 waiver needs, the form, and the other fees it can reach.

Learn the 2026 poverty figure and its 150 percent line by household size, Alaska and Hawaii included.

Learn how the waiver line differs from the means test median, and why one says nothing about the other.

Learn what you can spread over time in Chapter 13, and why no Chapter 13 waiver is described.

Learn the reopening, amendment and conversion fees, and which of them a judge can waive.

Learn the limits of this page: it states the rules and decides nothing.

Learn where the rules and figures come from and the date they were checked.

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