Attorney Fee Guide
How legal fees work in bankruptcy
Bankruptcy attorney fees are paid differently depending on the chapter and the court's rules. This page explains the common structures so you can understand what you are being quoted — it is not a quote or a guarantee of any firm's pricing.
No price quotes here
Flat fee (most common in Chapter 7)
Many consumer Chapter 7 cases are billed at a flat fee that covers the core work of preparing and filing your case and representing you through the 341 meeting. The fee is agreed before filing and is often paid in full before the case is filed, because the attorney's own fee becomes a debt in the bankruptcy if the case is filed before it is paid.
Installments and pre-filing payments
Some attorneys accept payments over time before filing. Because an unpaid attorney fee would be discharged along with your other debts, attorneys generally require the fee to be paid before the case is filed. Chapter 7 filing fees paid to the court may, by contrast, be paid in installments with court permission.
Chapter 13 plan payments
In Chapter 13, part or all of the attorney fee is often paid through the repayment plan itself, after the case is filed. The court must approve the fee as reasonable, and the attorney is paid from your monthly plan payments along with other creditors.
Court (filing) fees — separate from attorney fees
Filing fees are paid to the U.S. Bankruptcy Court and are separate from what your attorney charges. The court may allow Chapter 7 filing fees to be paid in up to four installments, and may waive them entirely for very low-income debtors who file a fee-waiver application.
Questions to ask about fees
- Exactly what does the flat fee cover, and what would cost extra (e.g., motions, adversary proceedings)?
- When must the fee be paid relative to filing?
- If I file Chapter 13, how much is paid up front versus through the plan?
- Are court filing fees and required courses included or billed separately?
- What happens to the fee if my case is dismissed or converted to another chapter?
Last legal review: 2026-03-01
Sources: U.S. Courts – Filing Fees and Waivers
Court filing fees are set by the Judicial Conference and change periodically; attorney fees are set by individual attorneys and approved by the court in Chapter 13.