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Chapter 7 or Chapter 13? What Filing Costs Now and Who Actually

Persona #2 · Vol: 20000

Bankruptcy filings climbed again last year, and the calls to debt counselors keep coming from people who never imagined they'd be here.

If your credit card balances have ballooned past what you can realistically pay, you're not alone — and you're not out of options.

The catch is that filing isn't free, and the rules decide more than most people realize.

Court filing fees run $338 for Chapter 7 and $313 for Chapter 13, and those are just the entry tickets.

Most people also pay a credit counseling course fee (roughly $10 to $50) and a debtor education course (another $10 to $50), both required before your case can move forward.

Attorney fees are the big variable: a straightforward Chapter 7 often runs $1,000 to $1,500, while Chapter 13 — which involves a 3-to-5-year repayment plan — can cost $3,000 or more, sometimes paid through the plan itself.

The means test is the gatekeeper for Chapter 7.

It compares your income to your state's median for a household your size.

Earn above it, and you may be pushed into Chapter 13 or have your case dismissed.

Below it, Chapter 7 can wipe out most unsecured debt — credit cards, medical bills, personal loans — typically in about four months.

Chapter 13 works differently: you keep assets like a house or car and pay back a portion of what you owe over time, which can stop a foreclosure or repossession.

Student loans are famously hard to discharge, recent tax debt usually survives, and child support and alimony don't go away.

If you're behind on a car loan and want to keep the car, you generally have to keep paying.

And yes, the bankruptcy shows on your credit report — 10 years for Chapter 7, 7 years for Chapter 13 — though many filers see their scores start recovering within a year or two as debt-to-income ratios improve.

You also can't just re-file whenever things go sideways.

There are waiting periods between discharges: 8 years between Chapter 7 filings, and 4 years if you file Chapter 13 after a prior Chapter 7.

Filing right before a windfall — a tax refund, an inheritance — can complicate things too, since a trustee may claim it.

First, pull your free credit reports and check for errors; disputing a bogus collection account costs nothing and sometimes fixes the problem.

Second, talk to a nonprofit credit counselor (many work on sliding-scale fees) about a debt management plan.

It won't erase balances, but it can lower interest rates and consolidate payments — and it keeps bankruptcy off your record entirely.

One more thing: watch for scammers. "Debt relief" companies that demand big upfront fees and promise to "erase" your debt are a red flag.

Legitimate help doesn't require a large payment before anything happens, and nobody can guarantee a specific outcome.

The honest take: bankruptcy is a legal tool, not a moral failure, and for some households it's the fastest route back to stability.

Final Thoughts

But it's a decision with a long tail, so get a real number on the fees and a real answer on the means test before you sign anything.

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