When debt grows beyond control, choosing among the types of bankruptcies in Texas can feel overwhelming. Chapter 7 and Chapter 13 differ in filing fees, attorney fees, trustee charges, the Chapter 7 means test, and how your assets and payment plans are treated. How much does it cost to file bankruptcy in Texas? This article breaks down the costs associated with filing, including fees, court costs, credit counseling, possible fee waivers, and typical lawyer rates, and it breaks those numbers down so you can plan and decide with clarity.
For hands-on guidance, Texas bankruptcy lawyers at Warren & Migliaccio L.L.P. explain fee schedules, assess your options, and help estimate total costs so you can move forward with a clear budget.
How Much Does It Cost In Texas? Court Filing Fees
Bankruptcy Court Filing Fees in Texas: What You Actually Pay
The U.S. Courts set the federal filing fees for bankruptcy, and are identical in Texas and every other state.
For the two most common consumer cases, the current fees are:
- Chapter 7 filing fee: $338
- Chapter 13 filing fee: $313
You must pay the court filing fee when you file your petition unless the court approves a payment plan or a fee waiver. These fees are separate from attorney fees and other administrative costs.
Chapter 7 Filing Fee Details: Who Pays and When
The Chapter 7 filing fee of $338 is due at the time you file your petition with the bankruptcy court. If you cannot pay the full amount at filing, you may request alternative handling from the court.
The fee does not cover attorney charges, trustee fees, credit counseling, or debtor education that the case may require.
Chapter 13 Filing Fee Details: How Payment Works in Chapter 13 Cases
The Chapter 13 filing fee is $313 and is payable when you file. Many Chapter 13 filers arrange to pay court fees through the Chapter 13 plan or by asking the clerk for a payment schedule.
Trustee fees and the costs of administering your repayment plan are separate and will affect your overall bankruptcy cost.
Fee Waiver for Chapter 7: Who May Qualify
You can apply for a full waiver of the Chapter 7 filing fee if your household income falls below 150 percent of the federal poverty guidelines and you cannot afford to pay in installments. The court requires documentation of income and expenses when you ask for a waiver, and the judge or clerk will decide whether to grant it.
Do you want help checking whether your household income meets the 150 percent threshold?
Requesting a Payment Plan: Split the Fee Over Time
If you do not qualify for a fee waiver, the court may allow you to pay the filing fee in up to four installments. You normally file a request or follow a local clerk procedure when you submit your petition. The court will set the installment schedule and may require the first payment at filing.
Other Costs to Expect When Filing Bankruptcy in Texas
Court filing fees are only one piece of the total cost. Expect separate expenses such as attorney fees, mandatory credit counseling before filing, the debtor education course after filing, and trustee administrative charges in Chapter 13 cases.
Attorney fees in Texas vary by district and case complexity, so ask local lawyers for typical ranges in your area.
Where to File and Who to Contact in Texas
Texas has four federal bankruptcy districts:
- Northern
- Southern
- Eastern
- Western
Check the website of the U.S. Bankruptcy Court in your district or call the clerk for current procedures and forms. The clerk can tell you how to file a fee waiver request or an installment request and where to submit supporting documents.
Related Reading
- Types of Bankruptcies in Texas
- Business Bankruptcy In Texas
- Filing Bankruptcy Chapter 7 in Texas
- How Much Cash is Exempt in Chapter 7, Texas
Mandatory Credit Counseling and Debtor Education Courses
Before You File: Mandatory Credit Counseling Explained
You must complete a pre-filing credit counseling course before you file a bankruptcy petition in Texas. The course helps you weigh alternatives and understand the consequences of filing.
Complete it through a U S Trustee-approved provider by phone, online, or in person, and file the certificate with your petition. The certificate generally must be issued within 180 days before you file. Common course times run about 60 to 90 minutes, and typical fees range from about 15 to 50 dollars.
After You File: The Debtor Education Course You Cannot Skip
After you file, you must finish a debtor education course before the court will discharge your debts. This class focuses on budgeting, rebuilding credit, and managing money after bankruptcy. You will receive a separate certificate that must be filed with the court.
If you miss this step, the court can deny discharge or close your case without relief.
Who Approves These Courses and Where To Find Them
The US Trustee Program approves agencies that offer both pre-filing credit counseling and post-filing debtor education. Use only approved providers to avoid delays or rejection of certificates.
The full list of approved providers and course details is available on the Department of Justice US Trustee website at justice.gov/ust.
Course Formats, Costs, and Accessibility
Most Texans take both courses online for speed and convenience, but phone and in-person options exist. Expect to pay roughly 15 to 50 dollars per course, though some providers charge less, and special circumstances may allow a reduced fee or no cost.
If you represent yourself or use a low-income fee waiver for the court filing fee, you can often find low-cost or free counseling options through approved agencies. Watch for scams and confirm the provider is on the U S Trustee-approved list before paying.
How These Courses Fit Into Your Bankruptcy Budget
When people ask how much it costs to file bankruptcy in Texas, think in layers. The counseling and debtor education fees are a small, predictable line item.
Add these factors and you get the full cost picture:
- Filing fees roughly in the mid hundreds for Chapter 7 or Chapter 13 case filing fees,
- Attorney fees that vary by complexity
- Possible trustee or plan payments in Chapter 13.
Planning ahead helps you cover the counseling cost, the court fee, and any required plan contributions.
Timing Rules That Matter to Your Case
Start the pre-filing course before you file to avoid rejection or delay of your petition. Complete the post-filing course early enough so you can file your certificate before the court issues a discharge. If your case is dismissed or converted, you may need to retake a course if the earlier certificate no longer qualifies.
Practical Tips for Picking a Provider
Ask whether the course is offered in Spanish or another language you prefer. Check completion methods, proof of completion format, and whether the provider will file the certificate electronically for you.
Keep copies of all certificates and receipts to attach to your bankruptcy paperwork and to share with your attorney if you have one.
Common Questions Texans Ask
- How long do the courses take?
Answer: Plan on an hour to 90 minutes for each course.
- How much will they add to filing costs?
Answer: Expect $ 15 to $ 50 per course, a modest amount compared with court and attorney fees.
- Can I use any online course?
Answer: No use only U S Trustee-approved agencies.
- What happens if I skip a course?
Answer: The court can deny a discharge or close the case without relief.
Why Local Experience in Texas Family Law Matters
Ready to protect what matters most to your family with trusted legal guidance from Warren & Migliaccio’s experienced Texas bankruptcy attorneys? Whether you’re facing bankruptcy, divorce, child custody issues, estate planning needs, or debt defense challenges, our specialized team provides compassionate, results-driven representation tailored to your unique situation.
Contact us today at (888) 997-4028 to schedule a free consultation and let our dedicated legal advocates help you navigate through life’s most challenging legal matters with confidence and peace of mind.
Attorney Fees for Filing Bankruptcy in Texas
Most people find attorney fees are the single most significant expense after the court filing fee when they file bankruptcy in Texas. Lawyers usually charge a flat fee, not hourly, so you get price certainty up front while you sort through options and prepare paperwork.
Want a quick sense of cost before you call a lawyer or clinic?
Typical Fee Ranges: Chapter 7 and Chapter 13 Costs
Chapter 7
Expect most attorneys to charge between $1,000 and $2,500 for a straightforward Chapter 7 case. Rates climb in larger markets such as Dallas, Houston, and Austin. Simple consumer cases with few assets and creditors sit near the low end.
Cases involving businesses, multiple homes, or creditor disputes tend to fall on the high end.
Chapter 13
Chapter 13 is more work because you will have a 3 to 5-year repayment plan to set up and manage. Typical attorney fees run from about $3,500 to $4,500. One practical benefit is that Chapter 13 attorney fees are usually paid through the plan, so you do not have to settle the full fee on day one.
Why Flat Fees Are Common and Helpful
Flat fees give you a predictable cost and let you focus on fixing finances rather than tracking hourly billing.
Firms set a flat fee to cover standard work:
- Document collection
- Drafting schedules
- Court filings, creditor communications, and hearings.
If you prefer, ask the attorney what situations trigger extra charges so you can weigh the risk.
What a Typical Chapter 7 Flat Fee Covers
- Initial consultation and eligibility review, where the lawyer checks whether Chapter 7 fits your situation and explains Texas exemptions.
- Preparing and filing the petition, schedules, and statements after collecting:
- Pay stubs
- Bank records
- Creditor lists
- Handling creditor communications and enforcing the automatic stay after filing.
- Representation at the 341 meeting of creditors, where the trustee asks routine questions.
- Guidance on required credit counseling and debtor education classes, as well as claiming Texas exemptions to protect allowed property.
Other Costs to Budget
Court filing fees for Chapter 7 and Chapter 13 are separate from attorney fees. Expect a filing fee in the low hundreds. Credit counseling and debtor education courses typically charge a small fee, normally under fifty dollars.
If you file without a lawyer, you save attorney costs but risk errors that can lead to case dismissal or lost exemptions.
What Raises or Lowers Attorney Fees
Case complexity drives cost. More assets, business interests, real estate, multiple creditors, or adversary proceedings will raise fees. Simple wage earner cases with no significant assets cost less. Geographic market matters. Some attorneys accept payments of the flat fee in installments or require a retainer.
Chapter 13 Payment Structure and Monthly Impact
Chapter 13 lawyers commonly place their fee into the repayment plan, so you pay through monthly plan payments. That reduces the need for large up-front cash while the trustee collects payments from your paycheck or bank account. Ask the attorney for an estimated monthly payment figure when they project plan’s length and priority claims.
Options If You Can’t Afford an Attorney
Pro se filing is an option, but carries a high risk. Bankruptcy rules and Texas exemption law require precise paperwork. Many courts and nonprofit legal aid organizations offer low-cost clinics or sliding scale help. Ask about fee waivers only if you meet strict poverty standards.
Questions to Ask a Bankruptcy Attorney Before You Hire Them
- What is the flat fee, and what exactly does it cover?
- Will there be extra charges for contested matters?
- Do you take the fee in installments or require a retainer?
- How long will the process take, and what will my monthly Chapter 13 payment likely be?
- Can you estimate total out-of-pocket costs, including filing fees, trustee payments, and class fees?
Additional Costs You Might Face
Document Prep Fees That Bite or Save You Money
If you file pro se, you may still hire a nonlawyer to prepare your bankruptcy paperwork. A professional petition preparer or document service typically charges $100 to $300, depending on the complexity of your Chapter 7 or Chapter 13:
- Schedules
- Statement of financial affairs
- Means test
Those services cannot give legal advice, so you remain responsible for the accuracy of your bankruptcy schedules, exemption choices, and filing fee paperwork.
Looking for a safer option than a form service but more affordable than full representation? Consider asking about limited-scope help from an attorney or exploring free clinic options that review your paperwork.
Chapter 13 Trustee Fees and How They Affect Your Monthly Plan
In Chapter 13 cases, a court trustee administers payments to creditors and collects an administrative fee taken from each monthly plan payment. Trustee commissions typically range from 7 percent to 10 percent of each payment, increasing the total amount you pay over a 36 to 60-month plan.
Those trustee fees are built into your plan, so you do not write a separate check, but they reduce the portion that reaches unsecured creditors and can change the payoff timing. How will that percentage affect your monthly budget and overall repayment strategy?
Credit Report Charges and Counseling Course Costs
Some attorneys pull a consumer credit report to confirm accounts and balances before filing; that typically adds $30 to $50 to the bill. Separate from that, federal law requires a prefiling credit counseling course and a postfiling debtor education course for most filers; each course usually costs $10 to $50 when paid by the debtor.
If you qualify for hardship waivers or use a local nonprofit, those counseling or education fees can sometimes be reduced or waived. Do you know which course providers your bankruptcy court accepts?
Miscellaneous Court Costs, Motions, and Filing Extras
Small court fees can pop up when you amend schedules, file motions to avoid a lien, file motions to sell or redeem property, or ask the court to extend deadlines. Typical clerk fees run roughly $30 to $50 per amendment or motion, though the local bankruptcy district can set different amounts.
Add costs for certified mail, process serving, copies, and a request for transcripts if you expect hearings or appeals. If you plan to file reaffirmation agreements, motions to lift stay, or request valuation orders, consult your attorney about potential additional court and administrative fees.
Other Small But Common Add-Ons That Affect The Total Cost
Expect possible costs for things like title searches when you try to strip a junior lien, appraisal fees if you plan to redeem property, and trustee-ordered audits in complex Chapter 7 cases.
Also factor in potential expenses for payment processing if you make Chapter 13 payments through a third party, and any attorney charges for contested matters or lengthy creditor negotiations. Will these extras change your decision to file Chapter 7 or Chapter 13?
Comprehensive Legal Support for Every Stage of Life in Texas
Ready to protect what matters most to your family with trusted legal guidance from Warren & Migliaccio’s experienced Texas bankruptcy lawyers?
Contact us today at (888) 997-4028 to schedule a free consultation and let our dedicated legal advocates help you with bankruptcy, divorce, child custody, estate planning, and debt defense.
Related Reading
- How Much Does A Lawyer Charge For Chapter 7 In Texas
- Texas Bankruptcy Exemptions
- Texas Law On Unpaid Medical Bills
4 Ways to Manage Bankruptcy Costs
1. Free Consultations: Test Drive Your Bankruptcy Options
Most Texas bankruptcy attorneys, like us, offer a free initial consultation. Use that meeting to compare the cost to file bankruptcy in Texas, learn the difference between Chapter 7 and Chapter 13, and get a clear estimate of attorney fees and court fees.
Essential Documents and Questions to Prepare for Your Bankruptcy Consultation
Bring pay stubs, recent bank statements, a list of debts, and any notices from creditors so the lawyer can run the means test and estimate exemptions you might claim.
Ask what the flat fee covers, whether there are extra charges for amendments or motions, and how trustee fees or creditor motions could affect the total bankruptcy filing cost. What paperwork will you bring to make the consultation productive?
2. Fee Waivers and Reductions: Cut Court and Counseling Charges
If your household income is below 150 percent of the federal poverty guideline, you may qualify for a waiver of the Chapter 7 filing fee or for permission to pay in installments. Pre-filing credit counseling and the post-discharge debtor education course sometimes offer waivers or reduced rates for low-income filers through nonprofit providers.
Qualifying for a Bankruptcy Fee Waiver: Income Limits and Documentation
To pursue a waiver, you must document household income and assets and follow the local bankruptcy court’s procedures; check the federal poverty guidelines here:
Also, ask whether a local legal aid office or nonprofit credit counselor can certify a reduced fee for the required courses. Do you meet the income threshold and have the documentation ready?
3. Payment Plans for Attorney Fees: Spread the Cost, Use Chapter 13 to Your Advantage
Many Texas bankruptcy lawyers accept payment plans. For Chapter 13, the attorney fee often becomes part of the bankruptcy repayment plan, so you do not pay the full attorney fee upfront; the trustee distributes payments over the plan period, affecting the overall cost to file bankruptcy in Texas.
Chapter 7 attorneys sometimes accept “no money down” or partial down payments, filing the case quickly while you finish paying the balance.
Why a Written Fee Agreement and Cost Breakdown Matter
Make sure any arrangement appears in a written fee agreement describing what happens if the case is converted or dismissed. Confirm whether trustee fees, administrative costs, or motions will add to the bankruptcy filing cost. Have you asked prospective attorneys for a written payment schedule and total cost estimate?
4. Filing Pro Se: Save on Attorney Fees but Take Full Responsibility
Filing without a lawyer removes attorney fees from the bankruptcy filing cost. Still, it also places full responsibility on you to prepare schedules, pass the means test, complete credit counseling and debtor education, and respond to trustee inquiries and creditor objections.
Errors in exemptions, incomplete asset schedules, or missed deadlines can lead to case dismissal or loss of property you might otherwise protect with counsel.
When Going Pro Se Makes Sense, and When to Seek Limited Legal Help
Pro-se filing may work for very simple cases with limited assets and predictable income, but consider limited scope representation, court clerk resources, or local legal clinics to reduce costs while retaining targeted help. Is your case sufficiently simple to manage on your own?
Call (888) 997-4028 to Schedule Your Free Consultation
Meet Warren & Migliaccio: Ready to Protect What Matters Most
Warren & Migliaccio L.L.P. offers focused legal help across bankruptcy, divorce, child custody, estate planning, and debt defense. Our Texas bankruptcy attorneys combine courtroom experience with practical solutions tailored to family needs. Want a free consultation? Call (888) 997 4028 and speak with a team that listens and acts on your priorities.
Which Bankruptcy Chapters Apply in Texas Today
Chapter 7 wipes out many unsecured debts through the liquidation of nonexempt assets under a trustee to pay creditors. Chapter 13 sets up a court-supervised repayment plan over three to five years using your disposable income. Chapter 11 typically serves businesses and high-net-worth individuals who need to restructure complex debt.
Chapter 12 targets family farmers and fishers with a specialized repayment structure. The chapter that fits your situation depends on your income, asset exposure, and the goals you want to achieve.
How Much Does It Cost To File Bankruptcy In Texas: Court Fees and Typical Attorney Fees
Court filing fees are part of the direct cost of filing for bankruptcy. Typical amounts in recent years have been in the low hundreds for Chapter 7 and Chapter 13, while Chapter 11 filing fees are substantially higher.
Attorney fees vary by complexity and region. In Texas, Chapter 7 fees often range from roughly one thousand to a few thousand dollars. Chapter 13 attorney fees commonly fall in a higher bracket and are frequently paid through the plan. Chapter 11 and complex corporate cases can require five-figure legal budgets. Those ranges help estimate the cash you must prepare to start a case.
Extra Costs and Fees to Expect When Filing
Expect small but necessary expenses beyond filing fees and attorney fees. You must complete a credit counseling session and a debtor education course; each usually costs between $20 and $100. Some firms charge administrative or document fees.
If you need appraisals, tax transcripts, or a bankruptcy credit report pull, each service adds a modest charge. The bankruptcy trustee also handles case administration and may collect trustee distributions under Chapter 13 plans.
Eligibility Rules and the Means Test in Plain Terms
To qualify for Chapter 7, the means test compares your household income to the Texas median income for a household of your size. If your income falls below the median, you likely qualify for Chapter 7. If it exceeds the median, the test examines allowable expenses and disposable income to decide whether you must file Chapter 13 instead.
Chapter 13 requires a stable source of income to fund a repayment plan. Chapters 11 and 12 have separate eligibility rules tied to business operations or farming status.
What Bankruptcy Can Protect in Texas: Exemptions to Know
Texas offers strong state exemptions that often protect a home, certain personal property, retirement accounts, and tools of the trade. The Texas homestead exemption can shelter real property equity under certain limits and conditions.
Motor vehicle exemptions, personal property exemptions, and protections for qualified retirement plans can limit what a trustee may take. Exemption choices and strategic planning determine how much you keep after filing.
The Filing Process and Typical Timeline in Texas
You start with credit counseling, prepare schedules listing assets, debts, income, and expenses, and file the petition at the local bankruptcy court. An automatic stay takes effect immediately to halt most collection actions, including wage garnishment and foreclosure steps in many cases.
A meeting of creditors typically occurs about three to five weeks after filing for Chapters 7 and 13. Chapter 7 cases often close within a few months unless complications arise. Chapter 13 plans usually run three to five years before discharge.
Effects on Credit, Debt Discharge, and Collection Actions
A bankruptcy filing appears on credit reports and affects your credit score. Chapter 7 discharge eliminates qualified unsecured debts, while Chapter 13 discharges remaining eligible debts after successful completion of the plan.
The automatic stay stops most collection actions the moment you file, giving immediate breathing room. Rebuilding credit begins during and after the process through consistent, on-time payments and responsible use of credit.
Alternatives to Bankruptcy and When to Consider Them
Debt resolution options like settlement negotiations, debt consolidation loans, mortgage modification, or informal payment arrangements can work when you have a chance to repay outside of court.
If creditors refuse to negotiate, or if garnishments and liens threaten your family home or income, bankruptcy often becomes the most effective tool. Which path suits you best depends on your goals, the type of debt, and how quickly you need relief.
Why Choose Warren & Migliaccio: Practical, Compassionate Representation
Our team focuses on clear advice, efficient filing, and aggressive protection of family assets where possible. We translate legal steps into a plan you can follow, and we protect you at hearings and in negotiations.
Call Warren & Migliaccio L.L.P at (888) 997 4028 for a free consultation and a case review with lawyers who handle bankruptcy, divorce, custody, estate planning, and debt defense with experience and care.
