New York City Bankruptcy Filing Fees and Fee Waivers

Filing for bankruptcy in New York City is a significant financial decision, and the costs associated with filing are often a primary concern for individuals already facing economic hardship. Court filing fees, administrative charges, and attorney costs can feel like one more obstacle to obtaining the relief you need. Fortunately, federal bankruptcy law—as administered by the United States Bankruptcy Courts serving New York City—provides several options for managing these expenses, including installment plans and complete fee waivers for qualifying low-income filers.

Our New York bankruptcy attorneys help clients throughout the five boroughs understand the true cost of filing, explore fee relief options, and prepare petitions that minimize delays and complications. This guide explains the current filing fees, eligibility for fee waivers, and how the process works for New York City residents.

Bankruptcy Filing Fees in New York City

Bankruptcy cases filed by New York City residents are handled by either the United States Bankruptcy Court for the Southern District of New York (which covers Manhattan and the Bronx) or the United States Bankruptcy Court for the Eastern District of New York (which covers Brooklyn, Queens, and Staten Island). Both courts charge the same federal filing fees, which are set by the Judicial Conference of the United States.

As of the most recent fee schedule, the standard court filing fees for individual bankruptcy cases are:

Chapter 7 (Liquidation): $338 total, which includes the $245 filing fee, $78 administrative fee, and $15 trustee surcharge.
Chapter 13 (Reorganization): $313 total, which includes the $235 filing fee and $78 administrative fee.
Chapter 11 (Reorganization for Individuals or Businesses): $1,738, which includes the $1,167 filing fee and $571 administrative fee.

Additional fees may apply for amendments to schedules of creditors, converting from one chapter to another, or reopening a closed case. Filing fees are subject to periodic adjustment by the federal courts, so it is important to confirm current amounts before filing.

Paying Bankruptcy Filing Fees in Installments

Federal bankruptcy law recognizes that many filers cannot pay the full filing fee at the time of filing. Under Federal Rule of Bankruptcy Procedure 1006(b), individual debtors may apply to pay their filing fees in installments. To take advantage of this option in a New York City bankruptcy case, you must:

File an Application for Individuals to Pay the Filing Fee in Installments (Official Form 103A) with your bankruptcy petition.
Propose a payment schedule of no more than four installments.
Pay the final installment within 120 days of filing the petition (though the court may extend this period to 180 days for good cause).
Certify that you have not paid an attorney or any other person for services in connection with the case after filing the application.

If the court approves the application, your case proceeds immediately even though you have not paid the full fee. However, failure to make a scheduled installment payment can result in dismissal of your case, which may have serious consequences for your ability to obtain a discharge and for the protections of the automatic stay.

Bankruptcy Fee Waivers for Low-Income Filers

For New York City residents whose income falls well below the poverty line, the bankruptcy court may waive the Chapter 7 filing fee entirely. Fee waivers are available under 28 U.S.C. § 1930(f) and are designed to ensure that financial hardship does not prevent access to bankruptcy relief.

To qualify for a Chapter 7 fee waiver in New York City, you must meet two primary criteria:

Income Below 150% of the Federal Poverty Line: Your household income, including all sources, must be less than 150% of the official poverty guidelines for a family of your size.
Inability to Pay in Installments: You must demonstrate that you cannot afford to pay the filing fee even on an installment basis.

Fee waivers are generally available only in Chapter 7 cases, not in Chapter 13 cases, because Chapter 13 requires the debtor to fund a repayment plan over three to five years. The court reasons that a debtor with sufficient income to fund a Chapter 13 plan also has sufficient income to pay the filing fee, often through the plan itself.

How to Apply for a Fee Waiver in New York City

To request a fee waiver, you must file an Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) at the time you file your petition. The application requires detailed information about your household income, monthly expenses, assets, and dependents.

The bankruptcy judge has discretion to grant or deny the waiver. In some cases, the court may direct that the fee be paid in installments instead. If the waiver is denied and you cannot pay the full fee immediately, you should request installment treatment to keep your case from being dismissed.

Other Costs to Consider

Court filing fees are only one component of the total cost of bankruptcy. New York City filers should also budget for:

Credit Counseling Course: Required before filing. Approved providers in New York typically charge between $10 and $50, with fee waivers available for low-income individuals.
Debtor Education Course: Required after filing and before discharge. Costs are similar to the pre-filing counseling course.
Attorney Fees: Legal representation is strongly recommended, especially in Chapter 13 cases. Attorney fees vary based on case complexity.
Document Preparation Costs: Obtaining credit reports, tax transcripts, and other supporting documents may involve modest fees.

What Happens if You Cannot Pay the Filing Fee

If you file a bankruptcy petition without paying the filing fee and without an approved installment application or fee waiver, the court will typically issue a notice of deficiency and may dismiss your case. Dismissal can have significant consequences, including:

Loss of the automatic stay that protects you from creditor collection efforts.
Potential restrictions on filing another bankruptcy case within certain time periods.
Continued accrual of interest, fees, and penalties on outstanding debts.

For these reasons, it is essential to address filing fees properly from the outset of your case.

How Our New York Bankruptcy Attorneys Can Help

Navigating the bankruptcy fee structure is just one of many procedural challenges in a New York City bankruptcy case. Our attorneys assist clients with:

Evaluating eligibility for Chapter 7, Chapter 13, or Chapter 11 relief.
Preparing accurate installment applications and fee waiver requests.
Ensuring petitions and schedules are filed correctly to avoid delays.
Representing clients at the meeting of creditors and in any contested matters.
Maximizing exemptions available under New York law to protect property.

If you are considering bankruptcy and have questions about filing fees, fee waivers, or any other aspect of the process, contact our New York bankruptcy attorneys today to schedule a confidential consultation. We will help you understand your options and chart the most effective path to financial relief.

You can contact us by phone at 212-233-1233 or by email at [email protected].