For a U.S. consumer bankruptcy case, the court petition fee is $338 for Chapter 7 or $313 for Chapter 13 on the fee schedule reviewed. Those amounts open the bankruptcy case; they are not an all-in price for seeking student-loan relief. A borrower generally must bring a separate adversary proceeding asking the bankruptcy judge to decide whether repaying the loans would impose an undue hardship. A schedule commonly lists a $350 adversary-complaint fee, but the Northern District of California schedule lists $0 when a Chapter 7 or Chapter 13 debtor is the plaintiff. Your district’s current schedule and your filing status control.
Attorney fees, required courses and other case expenses are separate. No reliable national total for those services is established, so the only dependable way to price a case is to obtain a written quote from local bankruptcy counsel that says whether student-loan adversary work is included.
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The fees you should budget first
The following figures come from official court schedules and guidance. The $338 and $313 petition amounts are court charges shown on the Northern District of California schedule effective December 1, 2023; bankruptcy fees can change, and another district may post a different current amount.
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| Cost item | Amount or treatment | What it covers |
|---|---|---|
| Chapter 7 petition | $338 on the cited schedule | The court charge to open a Chapter 7 case; it is not the total cost of representation or student-loan litigation. |
| Chapter 13 petition | $313 on the cited schedule | The court charge to open a Chapter 13 case; chapter choice should not be based on the $25 difference. |
| Student-loan adversary complaint | $350 generally on the cited schedule; $0 for a Chapter 7 or Chapter 13 debtor-plaintiff on the Northern District of California schedule | The separate proceeding in which the bankruptcy court decides dischargeability. Treatment depends on the local schedule and who files the complaint. |
| Attorney representation | No national fixed amount established | Lawyer pricing varies by location, the engagement, and whether the adversary proceeding is contested. |
| Credit counseling and debtor education | Provider-specific | Required courses are separate from court fees. Providers must disclose charges and fee-reduction policies in advance. |
Do not automatically add $350 to every case. A debtor-plaintiff can qualify for a $0 complaint fee under some local schedules, while a different district may apply another rule. Ask the clerk or check the fee schedule for the district in which you will file before relying on a total.
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Why bankruptcy filing and student-loan relief are separate
Filing a bankruptcy petition does not by itself erase federal or private student loans. Student-loan discharge is generally addressed under 11 U.S.C. § 523(a)(8) through an adversary proceeding. You ask the bankruptcy court for a judgment that repayment would create an undue hardship; the judge decides whether a discharge, partial discharge or no discharge is appropriate under the facts and applicable law.
What the adversary proceeding adds
- A separate complaint and case number connected to the bankruptcy case.
- Service on the relevant loan creditor or government party.
- Evidence about income, expenses, health, family circumstances and repayment history, as applicable to the legal test.
- Potential discovery, motions or a trial if the parties do not resolve the dispute.
Because the proceeding can be uncontested or heavily litigated, a lawyer’s quote should identify exactly what is included: drafting and filing the complaint, service, negotiations, preparation of a proposed judgment, discovery, hearings and trial work. A low petition-only quote may leave the most important student-loan work outside the engagement.
Chapter 7 versus Chapter 13: what the fee difference does—and does not—tell you
The reviewed schedule shows only a $25 difference between the two petition charges. That difference is too small to determine which chapter fits. Eligibility, income, assets, repayment goals and the treatment of other debts require an individualized legal analysis.
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| Question | Chapter 7 | Chapter 13 |
|---|---|---|
| Petition charge on the cited schedule | $338 | $313 |
| Possible petition-fee waiver | An eligible individual may apply under the income and inability-to-pay standards. | The cited waiver procedure is for Chapter 7; do not assume a Chapter 13 waiver is available. |
| Installments | Individuals filing voluntarily may request installments when unable to pay the full fee at filing. | Individuals filing voluntarily may request installments when unable to pay the full fee at filing. |
| Student-loan adversary work | Generally requires the same separate undue-hardship proceeding. | Generally requires the same separate undue-hardship proceeding. |
| Attorney pricing | No national rate; ask whether the adversary proceeding is included and how contested work is billed. | |
The court fee is only one input. A chapter selected solely because its petition costs $25 less can create serious legal and financial problems if it does not match your circumstances.
Attorney fees: get a case-specific written quote
Official sources do not establish a national average or a reliable nationwide range for bankruptcy counsel handling student-loan discharge litigation. Prices can differ by state, district, attorney experience, the number and type of loans, and whether a creditor contests the requested relief. A quote may be a flat fee, hourly billing, or a combination.
Questions to put in the engagement letter
- Does the fee include only the bankruptcy petition, or also the student-loan adversary complaint?
- Are filing and service charges included, and which court fees remain your responsibility?
- Does the quote cover negotiations with the government or servicer, discovery, motions, mediation, hearings and trial?
- What events trigger additional hourly charges?
- What happens if the case is dismissed, converted to another chapter or appealed?
- Will the lawyer evaluate each federal and private loan separately?
Ask for the quote before signing or paying a retainer. Representation does not guarantee that any loan will be discharged.
Required courses are separate expenses
Pre-filing credit counseling
An individual generally must complete an approved credit-counseling course before filing, subject to limited exceptions. Failing to complete the requirement can result in dismissal. The provider, not the bankruptcy court fee schedule, sets the course charge. The Department of Justice says providers must disclose fees and any fee-reduction policy before enrollment.
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Debtor education is a different course taken after filing and is generally required to receive a discharge. The Department of Justice says a debtor-education fee of $50 or less is presumed reasonable, but that presumption is not a promise that every provider charges the same amount. Confirm the actual price, refund policy and any reduced-fee option directly with the approved provider.
Can the bankruptcy filing fee be waived or paid over time?
Chapter 7 fee waiver
An individual Chapter 7 debtor may apply for a waiver using the applicable official procedure, including Official Form 103B instructions (April 2025). The standard described by the courts is demanding: combined family income must be below 150% of the applicable federal poverty guideline, and the filer must be unable to pay the fee in installments. Meeting those conditions does not make approval automatic. The court may grant the waiver, request more information or a hearing, or require payment.
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- Complete the waiver application with accurate household-income information.
- Explain why paying in installments is not feasible.
- File the application with the petition according to your district’s instructions.
- Respond promptly if the court requests documents or schedules a hearing.
Installment payments
An individual filing voluntarily under any chapter may ask to pay the petition fee in installments when unable to pay the full amount at filing. The court decides whether to approve the request and sets the payment schedule. An installment request is not a waiver: the balance remains due, and missing a court-ordered payment can put the case at risk.
- Submit the district’s installment request with the petition or as directed by the clerk.
- Propose a realistic schedule based on money actually available.
- Track each due date and retain proof of payment.
- Ask the clerk promptly about consequences if your circumstances change.
How the federal student-loan review process affects cost and timing
For federal student loans, the Department of Justice and Department of Education use guidance and a borrower attestation to help government attorneys evaluate requests in bankruptcy. The guidance considers current inability to repay, whether that inability is likely to persist and good-faith efforts to repay in the past. Government attorneys may stipulate to facts and recommend a full or partial discharge when appropriate.
The judge still makes the final decision. The process does not guarantee discharge, eliminate the adversary proceeding, apply identically to every private loan or establish an attorney fee. The DOJ guidance index was updated March 17, 2026 and links a May 2025 attestation form. DOJ reported that 96% of borrowers in filed cases were voluntarily using the streamlined process in 2024; that is a measure of process use, not the percentage who received a discharge and not a cost statistic.
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Because the government’s participation can affect the amount of lawyer time, ask counsel how the attestation will be handled and whether the quote assumes an agreed, contested or partially contested proceeding.
A practical way to calculate your likely out-of-pocket amount
Build the estimate in separate lines instead of treating the petition fee as the total:
- Use the current petition fee posted by your bankruptcy district: $338 for Chapter 7 or $313 for Chapter 13 on the reviewed schedule.
- Check whether your district charges an adversary-complaint fee for a debtor-plaintiff. The cited schedule shows $0 for a Chapter 7 or Chapter 13 debtor, while its general complaint fee is $350.
- Add the written attorney quote, identifying the included adversary services and any hourly or litigation rates.
- Add the actual prices of the pre-filing counseling and post-filing debtor-education courses.
- Reserve for local service, copying, transcript or other case expenses identified by counsel or the clerk.
- Subtract a court-approved waiver, if you qualify, or separate the installment amount from the total balance.
This method prevents a common error: quoting $338 or $313 as though it were the price of obtaining student-loan relief.
Common cost mistakes and how to avoid them
- Assuming filing equals discharge: Budget for the adversary proceeding and confirm that your lawyer will file it if appropriate.
- Adding a universal $350 complaint fee: Fee treatment depends on the local schedule and the plaintiff’s status.
- Relying on an old fee page: Verify the schedule immediately before filing; the cited Chapter 7 and Chapter 13 amounts come from a schedule effective December 1, 2023.
- Choosing a chapter for the lower fee: The $25 difference does not establish eligibility or suitability.
- Leaving courses out of the budget: Counseling and debtor education are separate provider charges.
- Confusing a waiver with installments: A waiver may eliminate the petition fee if approved; installments only spread payment over time.
- Expecting the DOJ process to guarantee an outcome: It is an attorney-guidance framework; the bankruptcy judge decides dischargeability.
What to verify before filing
- Your district’s current Chapter 7, Chapter 13 and adversary fee schedules.
- Whether you qualify to request a Chapter 7 waiver or installments.
- Completion timing and price for both required courses.
- A written legal-fee quote that expressly covers student-loan adversary work.
- Whether each loan is federal or private and which party will be served.
- How additional litigation, conversion or dismissal would change the quote.
The Bottom Line
On the reviewed U.S. schedule, start with $338 for Chapter 7 or $313 for Chapter 13, then price the separate student-loan adversary proceeding, counsel and required courses. The complaint fee may be $350 or $0 for a debtor-plaintiff depending on the district. Confirm every amount locally, and remember that only the bankruptcy judge can decide whether your loans qualify for discharge.
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