How Much Does Bankruptcy Cost in Texas?
Bankruptcy cost in Texas has three parts: the federal court filing fee, which is set nationally by the Judicial Conference and is the same in every Texas bankruptcy district; the required credit counseling and debtor education courses from approved providers; and attorney's fees, which are typically a flat fee. Chapter 7 attorney fees are generally paid before filing, while Chapter 13 fees are usually paid largely through the court-approved plan — which is why Chapter 13 often requires less money up front despite costing more overall.
Published fees you can verify
| Fee | Amount | Source |
|---|---|---|
| Chapter 7 filing fee | Set by the Judicial Conference bankruptcy court fee schedule — verify the current amount before filing | United States Courts — Bankruptcy Court Miscellaneous Fee Schedule |
| Chapter 13 filing fee | Set by the same federal fee schedule; lower than Chapter 7 — verify the current amount | United States Courts — Bankruptcy Court Miscellaneous Fee Schedule |
| Chapter 7 fee waiver | Available for filers under 150% of the federal poverty line who cannot pay in installments | 28 U.S.C. § 1930(f), Official Form 103B |
| Credit counseling and debtor education | Charged by U.S. Trustee-approved providers; fee waivers are available based on income | U.S. Trustee Program approved provider list |
How Texas attorneys charge for this work
Chapter 7 flat fee, paid pre-filing
Attorney's fees for a Chapter 7 are generally paid in full before the case is filed, because a pre-petition fee balance would itself be a dischargeable debt.
When it is used: Standard practice nationwide, including Texas.
Chapter 13 fee through the plan
A portion is paid up front and the balance is paid as an administrative expense through the confirmed plan, subject to court approval.
When it is used: Why Chapter 13 frequently requires less cash before filing.
Court oversight of fees
Bankruptcy attorney compensation is disclosed to the court under 11 U.S.C. § 329 and Rule 2016, and the court can review its reasonableness.
When it is used: Applies in every consumer case.
What moves the total up or down
- Chapter filed. Chapter 13 involves three to five years of plan administration, so it carries a higher total attorney fee than a no-asset Chapter 7.
- Business vs. consumer debt. Cases involving a business, rental property, or self-employment income require more schedules and analysis.
- Asset complexity. Non-exempt assets, recent transfers, and equity above the Texas exemption limits add trustee scrutiny and attorney work.
- Foreclosure timing. An emergency filing before a first-Tuesday Texas foreclosure sale compresses the work into days.
- Means test position. Above-median filers require a full means-test analysis rather than the short form.
- Adversary proceedings. A creditor challenge to dischargeability or a lien-avoidance motion is separate litigation within the case.
- Income level. Filers under 150% of the federal poverty line may qualify for a Chapter 7 filing fee waiver, and counseling providers offer income-based waivers.
The fixed federal costs
Bankruptcy is a federal system, so the filing fee is identical whether you file in the Southern District of Texas, the Western District, the Northern District, or the Eastern District. The amount is set by the Judicial Conference on the Bankruptcy Court Miscellaneous Fee Schedule and changes from time to time — always confirm the current figure on the U.S. Courts website rather than relying on a number quoted in an article.
Chapter 7 filers who cannot pay may apply for a waiver under 28 U.S.C. § 1930(f) if household income is below 150% of the federal poverty line, or may ask to pay the fee in installments. Chapter 13 filers may request installments but the fee is not waivable.
The two required courses
Every individual filer must complete a credit counseling briefing from a U.S. Trustee-approved agency within the 180 days before filing, and a debtor education course after filing but before discharge. Both are provided by approved private agencies that set their own fees, and both commonly offer fee waivers based on income. Skipping either one can cost you the discharge, which makes them the least optional expense in the process.
Why Chapter 13 can require less money today
Chapter 7 attorney fees are paid before filing, because any unpaid pre-petition fee would be discharged in the case itself. That creates the familiar problem of needing money to file a bankruptcy caused by not having money. Chapter 13 works differently: a smaller amount is typically paid up front and the balance is treated as an administrative expense paid through the confirmed plan.
For a Texas homeowner facing a first-Tuesday foreclosure sale under Texas Property Code § 51.002, that structure is often what makes filing possible at all.
What Texas exemptions save you
Cost is not only what you pay — it is also what you keep. Texas Property Code § 41.002 exempts a homestead with no cap on value, subject to acreage limits, and § 42.001 protects personal property up to an aggregate $100,000 for a family or $50,000 for a single adult. Choosing between the Texas and federal exemption schemes is a decision with real financial consequences, and it is made once, at filing.
Before you pay anyone
Confirm the current federal filing fee on the U.S. Courts fee schedule, confirm the provider you use for counseling is on the U.S. Trustee's approved list, and get the attorney's fee and scope in writing. Winfrey Law Firm, PLLC reviews the chapter analysis and the fee structure together during the consultation.
Frequently asked questions
- Can I get the bankruptcy filing fee waived in Texas?
- Chapter 7 filers may apply for a waiver under 28 U.S.C. § 1930(f) if household income is below 150% of the federal poverty line and they cannot pay in installments. Chapter 13 filing fees cannot be waived, but installments may be requested.
- Why does Chapter 7 require the attorney fee up front?
- Any attorney fee still owed at the time of filing would itself be a pre-petition debt subject to discharge, so Chapter 7 fees are generally paid in full before the case is filed. Chapter 13 fees can be paid through the confirmed plan instead.
- Is the bankruptcy filing fee different in Houston than in Austin?
- No. The filing fee is federal and identical across all four Texas bankruptcy districts. Local rules and trustee practice differ, but the fee does not.
- Do I have to pay for credit counseling?
- The pre-filing briefing and post-filing debtor education courses are required and are provided by approved private agencies that charge their own fees, though most offer income-based waivers or reduced fees.
- Can the court review what my bankruptcy lawyer charged?
- Yes. Compensation paid or agreed to be paid by a debtor is disclosed to the court under 11 U.S.C. § 329 and Bankruptcy Rule 2016, and the court may examine whether it is reasonable.
Authority cited on this page
Cost information on this page is general and educational. It is not a quote, not legal advice, and does not create an attorney-client relationship. Government fees change — verify current amounts with the court or clerk. Winfrey Law Firm, PLLC is licensed to practice in Texas.