Bankruptcy Cost by State 2026: Complete 50-State Comparison

Curious about bankruptcy costs in your state? In 2026, the average Chapter 7 bankruptcy costs between $1,350 and $2,200 including court fees, while Chapter 13 averages $3,200 to $5,300. Use our 50-state comparison table to find lawyer rates in Delaware, Florida, Texas, California, and your local area. We break down all expenses: attorney flat fees, the $338 court filing fee, and mandatory credit counseling costs.
national avg Chapter 7
$1,550
lawyer fee + $338 court
national avg Chapter 13
$3,850
lawyer + $313 court
highest state (Ch7)
Delaware $2,150
lowest: W.Virginia $950
court filing fee
$338 / $313
Ch7 / Ch13 (fixed federal)

Chapter 7 bankruptcy cost (liquidation)

total avg ~ $1,900 includes attorney fees + $338 court filing fee + credit counseling. Lawyer fees vary widely by state. Below typical ranges (2026 data based on state tables).

Court filing fee (Chapter 7)$338 (fixed nationwide)
Credit counseling / debtor ed$25 – $75
Avg lawyer fee (low‑cost state)$950 – $1,200
Avg lawyer fee (high‑cost state)$1,800 – $2,300 (DE, CA, NY)

📌 mandatory credit counseling (~$25) and debtor education course (~$25) are separate.


Chapter 13 bankruptcy cost (wage earner plan)

higher legal fees Chapter 13 involves plan preparation, confirmation hearings, more attorney time. Court filing fee is slightly lower, but total cost is higher.

Court filing fee (Chapter 13)$313 (fixed)
Trustee surchargeincluded in plan payments (~3-10%)
Avg lawyer fee range$2,500 – $5,000 (state dependent)
National average total~ $4,200 (including fees)

Bankruptcy lawyer fees by state (2026)

Chapter 7 Chapter 13 average attorney fee estimates (excluding court costs). Data compiled from state tables, plus Delaware, Florida, Georgia, Hawaii, etc.

StateChapter 7 (lawyer fee)Chapter 13 (lawyer fee)notes
Alabama$1,350$3,200low cost of living
Alaska$1,800$4,300higher operational costs
Arizona$1,450$3,600Phoenix average
Arkansas$1,250$3,100below national avg
California$1,950$4,800SF/LA higher
Colorado$1,550$3,900Denver metro
Connecticut$1,850$4,400high hourly rates
Delaware$2,150$5,200highest bankruptcy costs (corporate)
Florida$1,500$3,800Miami/Orlando vary
Georgia$1,450$3,700Atlanta rates
Hawaii$2,050$4,900high cost island
Idaho$1,350$3,200
Illinois$1,650$4,100Chicago premium
Indiana$1,300$3,200
Iowa$1,200$3,000
Kansas$1,250$3,150
Kentucky$1,200$3,000
Louisiana$1,300$3,250
Maine$1,300$3,200
Maryland$1,550$3,900DC suburbs high
Massachusetts$1,700$4,200Boston area
Michigan$1,400$3,500Detroit
Minnesota$1,450$3,600Minneapolis
Mississippi$1,100$2,800lowest region
Missouri$1,350$3,400
Montana$1,300$3,200
Nebraska$1,250$3,100
Nevada$1,500$3,800Las Vegas
New Hampshire$1,400$3,500
New Jersey$1,700$4,200high density
New Mexico$1,300$3,200
New York$2,000$5,000NYC metro
North Carolina$1,400$3,500
North Dakota$1,250$3,100
Ohio$1,300$3,200
Oklahoma$1,200$3,000
Oregon$1,450$3,600Portland
Pennsylvania$1,400$3,500Philly/Pittsburgh
Rhode Island$1,500$3,700
South Carolina$1,300$3,200
South Dakota$1,200$3,000
Tennessee$1,300$3,200
Texas$1,450$3,600Houston/Dallas avg
Utah$1,400$3,500
Vermont$1,350$3,300
Virginia$1,500$3,800NoVA/DC influence
Washington$1,600$4,000Seattle
West Virginia$950$2,500lowest in nation
Wisconsin$1,350$3,300
Wyoming$1,250$3,100
District of Columbia$2,200$5,300highest

* Fees are estimates based on state-specific lawyer rates, practice area tables (bankruptcy hourly rates: $300–$630). Flat fee ranges reflect 2026 market. Court costs ($338/$313) and courses extra.


Factors that influence bankruptcy cost

chapter type Ch13 flat fees 2‑3x Ch7 due to plan complexity
state & location Delaware, DC, NY, CA premium; Midwest/South more affordable
asset complexity non‑exempt assets, business, real estate increase legal work
court filing fee same nationwide, but some districts charge administrative fees
credit counseling ~$50 combined, varies by provider
trustee fees (Ch13) up to 10% of plan payments

Delaware bankruptcy costs (highest)

$2,150 / $5,200 Delaware Chapter 7 lawyer fees average $2,150, Chapter 13 $5,200. Per practice area table: Bankruptcy hourly rate in Delaware = $630/hour (highest in nation). Many corporate firms, high overhead.

Court filing fee: same $338 (Ch7) / $313 (Ch13). Total estimated Chapter 7 cost ≈ $2,540 including fees/courses. Wilmington area attorneys often charge premium.

💡 Delaware also has highest collection rate for law firms (97%) – bankruptcy attorneys well compensated.

Florida bankruptcy costs

Bankruptcy lawyer hourly rate (FL)$431 (practice area avg)
Est. Ch7 flat fee$1,500
Est. Ch13 flat fee$3,800

Miami, Tampa, Orlando vary. Miami has higher rates (e.g., criminal law $349/hr, but bankruptcy around $430). Palm Beach county may exceed averages. Florida's overall law firm rate $303/hr (unadjusted).

Texas bankruptcy costs

Bankruptcy hourly rate in Texas ≈ $492 (from practice area table), but flat fees competitive. Chapter 7 average lawyer fee $1,450, Chapter 13 $3,600. Major metros: Houston, Dallas, Austin may be slightly higher; rural areas lower. Court costs same federal.

Houston avg Ch7$1,500
Dallas avg Ch13$3,700

California bankruptcy costs

$1,950 / $4,800 California: Bankruptcy hourly rate ~$544 (practice area). Northern CA (SF, SJ) more expensive than Central Valley. Los Angeles/OC high. Chapter 7 total with court often exceeds $2,300. Some firms offer payment plans.

San Francisco: Ch7 legal fee $2,200+; Los Angeles $2,000. Chapter 13 can reach $5,500 in complex cases.

Chapter 7

  • ✅ liquidation, no repayment plan
  • ✅ court fee $338
  • ✅ avg atty fee $1,550
  • ✅ must pass means test
  • ✅ non‑exempt assets sold

Chapter 13

  • 🔵 3‑5 year repayment plan
  • 🔵 court fee $313
  • 🔵 avg atty fee $3,850
  • 🔵 catch up mortgages, keep assets
  • 🔵 trustee fee ~5-10%

Bankruptcy cost FAQ 2026

Are court fees the same in every state?

Yes, federal bankruptcy court filing fees are uniform: Chapter 7 $338, Chapter 13 $313, Chapter 11 $1,738. Some districts may charge small administrative fee (rare).

Why are Delaware bankruptcy lawyer fees so high?

Delaware has a high concentration of corporate bankruptcy attorneys; hourly rates average $630, and flat fees reflect that. Also high cost of living in Wilmington area.

Can I pay bankruptcy lawyer fees in installments?

Most Chapter 7 lawyers require full payment before filing. Chapter 13 fees can sometimes be paid through the plan (with court approval) but many attorneys require a portion upfront.

Do I have to pay credit counseling twice?

Yes, two courses: pre‑filing credit counseling (≈$25) and post‑filing debtor education (≈$25). Some providers offer bundled discounts.

What is the cheapest state to file bankruptcy?

West Virginia, Mississippi, Arkansas, Kentucky have the lowest average lawyer fees (Chapter 7 under $1,200). West Virginia lowest at $950.

Does filing fee waiver exist?

Chapter 7 fee can be waived if your income is below 150% of poverty level (Form 103B). Chapter 13 fees cannot be waived.


Bankruptcy lawyer rates in major cities (hourly)

Phoenix: $386 LA: $385 Seattle: $334 Boston: $465 NYC: $460 Chicago: $480 Dallas: $389 Denver: $235 Houston: $354 Miami: $269 Philadelphia: $300 San Francisco: $279

Hourly rates from 8am/MyCase data (bankruptcy specialty). Flat fees usually lower than hourly × estimated hours.

Average bankruptcy retainer (2023)

According to 2026 Benchmark Report, average requested retainer for bankruptcy cases was $4,015. This typically covers initial work and is held in trust, billed against as case progresses.

Data sources & 2026 update

Bankruptcy cost estimates compiled from state practice area tables (州.txt), U.S. Bankruptcy Court fee schedule, 2026 legal trend data, and local averages. Lawyer fees are estimates; actual costs depend on case complexity, district, and attorney experience. Always consult a local bankruptcy attorney.

📌 Court fees effective 2026: Chapter 7 $338, Chapter 13 $313, Chapter 11 $1,738 (28 U.S.C. § 1930).

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