The cost to file bankruptcy in California is $338 for a Chapter 7 bankruptcy in California and $313 for a Chapter 13 bankruptcy based on that US bankruptcy court fee schedule.
That is JUST the cost to file your bankruptcy, but 2 important questions for you:
- Are you eligible to get your filing fee of $313 or $338 completely waived?
- Are you going to hire a bankruptcy attorney? As of 2024, we found that the Chapter 7 attorney fee range can cost between $862 – $2162, but the free bankruptcy cost calculator below should be able to estimate based on your exact city in California. We got this information from spending approximately $1,000 on PACER, which is public records database that contains bankruptcy attorney fees.
If you are like me, you probably wonder how you can afford the cost of bankruptcy in California when it’s difficult to pay bills, especially starting in 2024 as interest rates and inflation are still an issue. Thankfully, most bankruptcy attorneys near you provide initial free consultations and take payment plans to help you afford your bankruptcy.
Many bankruptcy costs such as the filing fee and the credit counseling courses are relatively similar. That said, the cost of bankruptcy attorney fees may range dramatically whether you are in Los Angeles or San Diego, so we designed an all-in cost estimator below for you.
1. Bankruptcy Attorney Fees California
A Chapter 7 Bankruptcy is often less expensive than Chapter 13 bankruptcy. That said, you often have to qualify for a Chapter 7 bankruptcy based on the California bankruptcy means test. As stated above, Chapter 7 bankruptcy attorneys in California can cost between $862 – $2162. The cost may increase or decrease based on the following factors:
The bankruptcy lawyer cost is often based on the following attributes:
- Which type of chapter you are filing (i.e. Chapter 7 vs Chapter 13)
- The complexity of your case (i.e. no asset vs asset)
- Your location (i.e. Los Angeles vs San Diego
- Level of attorney connection
- Attorney expertise (i.e. how many years of experience)
Here are some of the ranges of cost in major cities in California.
Attorney Fees in Los Angeles
Los Angeles is the most populated city in California with a population of 3,997,984. Bankruptcy attorneys in Los Angeles can cost an estimated $1,500.
Attorney Fees in San Diego
Bankruptcy attorneys in San Diego can cost an estimated $1,500.
Attorney Fees in San Jose
Bankruptcy attorneys in San Jose can cost an estimated $2,000.
2. Chapter 13 Bankruptcy Attorney Fees California
Chapter 13 bankruptcy attorneys fees in California can cost $3300 – $4800. The fee can depend on the district.
While Chapter 7 attorney fees have variability, many Chapter 13 fees are relatively similar based on no-look fees, a reasonable cost for the service provided. You may still want to see whether the attorney charges an hourly rate for any additional work after filing the Chapter 13
3. Bankruptcy Filing Costs
Bankruptcy filing costs are pretty similar across the United States, not just California. Here are the other costs to consider.
Bankruptcy Filing Fees
The US Courthouse has a fee schedule and a bankruptcy form that provides the filing fee.
The Chapter 7 bankruptcy filing fee is $338 ($245 filing fee $78 administrative fee + $15 trustee surcharge).
The Chapter 13 bankruptcy filing fee is $313 ($235 filing fee + $78 administrative fee).
California Filing Fee Waiver Guidelines
| # of People | 150% Poverty Guideline |
|---|---|
| 1 | $15,060 |
| 2 | $20,440 |
| 3 | $25,820 |
| 4 | $31,200 |
| 5 | $36,580 |
| 6 | $41,960 |
| 7 | $47,340 |
| 8 | $52,720 |
| 9 | $58,100 |
| * Add $5,380 for each individual in excess of 9. | |
Mandatory Course Costs
When you file bankruptcy, you have to take an approved credit counseling course in California and a debtor education course. You can often take both courses online. The average cost may is around $10 to $50 per course. Please note that the courses must be approved, so here is the list of approved California credit counseling courses and California debtor education courses that should also have the cost associated with the course.
Miscellaneous Costs
You may have to pay for transportation to the meeting of creditors at the courthouse, but most 341 meetings of creditors are still online even after COVID. You may also have to pay for a credit report for your attorney (although they may be able to help you with the credit report).
You can estimate the cost of transportation to one of the bankruptcy courts below:
Northern District
- Phillip Burton Federal Building
& United States Courthouse
450 Golden Gate Avenue
San Francisco, CA 94102 - Ronald V. Dellums Federal Building
& United States Courthouse
1301 Clay Street
Oakland, CA 94612 - Robert F. Peckham Federal Building
& United States Courthouse
280 South 1st Street, Room 2112
San Jose, CA 95113 - United States Courthouse
3140 Boeing Avenue
McKinleyville, CA 95519
Eastern
- Robert E. Coyle United States Courthouse
2500 Tulare Street
Fresno, CA 93721 - Robert T. Matsui United States Courthouse
501 “I” Street
Sacramento, CA 95814
Central
- 350 W 1st Street, Suite 4311
Los Angeles, CA 90012-4565 - 255 East Temple Street
Los Angeles, CA 90012-3332 - 3470 Twelfth Street
Riverside, CA 92501-3801 - 411 West 4th Street, Room 1053
Santa Ana, CA 92701-4516
Southern
- 221 West Broadway
San Diego, CA 92101 - 333 West Broadway
San Diego, CA 92101 - 2003 W. Adams Ave, Ste 220
El Centro, CA 92243
Will Inflation Affect the Cost To File Bankruptcy in California?
With subsiding inflation in 2024, a question I’ve heard is whether inflation will slow to the extent that attorney fees may not rise. Let’s cover whether inflation may affect the filing fee and the attorney costs in California.
The Chapter 7 bankruptcy filing fee was updated from $335 to $338, and the Chapter 13 bankruptcy filing fee was updated from $310 to $313 effective December 1st, 2020. Based on the very slight change, I would not expect the filing fee to negatively impact you.
You may see some inflation in attorney fee costs as inflation may force bankruptcy attorneys to pay more to employees and face higher costs of living themselves in cities such as San Diego or San Jose or across California.
Would My Bankruptcy Cost Be Higher Los Angeles Than San Jose?
You may live in a suburb in California and wonder if you should hire a local attorney or an account in a bigger city like San Diego to save on bankruptcy costs.
As Los Angeles has the highest population in California, you may expect that the cost of bankruptcy attorney fees may be higher in Los Angeles than San Jose.
While the cost may be higher in Los Angeles, there also may be more bankruptcy attorneys increasing competition and dropping prices. So, you actually could find that the total cost to file bankruptcy including bankruptcy fees could be actually much higher in your city than in Los Angeles.
One thing to be aware of is that most bankruptcy attorneys offer free bankruptcy consultations, so you can get multiple perspectives. Also, our bankruptcy cost calculator below takes into consideration those variables when providing you with an all-in cost estimate.
Why Do Some Attorneys Charge Higher Chapter 7 Bankruptcy Fees?
You may compare prices from two different bankruptcy attorneys in San Diego, and find attorney costs vary between two attorneys.
The Chapter 13 bankruptcy attorneys often charge the same amount regardless in San Jose due to the no-look fee (a normal fee for the services provided). That said, the Chapter 7 bankruptcy attorney fee can vary greatly, so it’s important to understand what you are getting for the additional cost.
For example, let’s say you make $10,000 above the median income for California and still want to file a Chapter 7 bankruptcy. The attorney may then have to spend additional time looking over your expenses to see whether you would qualify for a Chapter 7 even though you are above the median. Additional attorney time generally means a higher overall bankruptcy cost.
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