Can I file bankruptcy if I have no money?

Yes. You can apply for a federal fee waiver, secure a free pro bono attorney, or file pro se (representing yourself) using approved nonprofit resources.

What happens if I miss a filing fee installment payment?

If you miss a scheduled payment approved by the court, your bankruptcy case will likely be dismissed. Do not request an installment plan unless you can guarantee the payments.

Is Chapter 7 or Chapter 13 cheaper to file?

Chapter 7 has a lower upfront filing fee. However, Chapter 13 allows you to roll the majority of your attorney fees into your 3-to-5-year repayment plan, which can drastically reduce your immediate out-of-pocket costs.

How do I find free legal help for bankruptcy?

Visit LSC.gov to locate your local Legal Services Corporation provider. These nonprofit groups connect low-income individuals with pro bono bankruptcy attorneys.

How to File for Bankruptcy When You Cannot Afford It

If you are struggling with overwhelming debt, the upfront cost of filing for bankruptcy can feel like an impossible hurdle. However, the legal system provides specific pathways for low-income individuals to file, even if they cannot afford the standard fees.

Short answer: You can file for bankruptcy with little to no money by applying for a court-approved fee waiver (Form 103B), requesting an installment payment plan, or securing a pro bono attorney through your local Legal Services Corporation.

Personal Finance Articles & Topics, Bankruptcy

Important Disclaimer: This article is for educational purposes only and does not constitute legal or financial advice. While Money Fit is approved by the Executive Office for U.S. Trustees (EOUST) to provide pre- and post-bankruptcy counseling certificates, we are not attorneys. We cannot provide legal representation or opinions. For legal guidance regarding your specific situation, you must consult a licensed bankruptcy attorney. EOUST approval does not equal an endorsement of services.

Overcoming the Cost of Filing

Bankruptcy is a legal tool designed to provide relief from unmanageable debt, but accessing that tool costs money. Between court filing fees and attorney retainers, the upfront cost can easily exceed $1,500. If you are already struggling to buy groceries, that price tag seems impossible.

However, the system is designed to accommodate individuals in severe financial distress. If you cannot afford to file, you have several legal pathways to reduce, delay, or eliminate those costs.

1. Request a Chapter 7 Fee Waiver

If your household income falls below 150% of the federal poverty line, you can ask the court to waive the $338 Chapter 7 filing fee entirely. You must submit Form 103B with your bankruptcy petition, detailing your income, expenses, and property values. The judge will review your application and determine if paying the fee constitutes an undue hardship.

2. Apply for an Installment Plan

If you do not qualify for a full fee waiver but still cannot pay the $338 upfront, you can apply to pay the filing fee in installments. The court allows you to split the cost into a maximum of four payments over 120 days. Warning: If you miss a single scheduled payment, the court will likely dismiss your bankruptcy case entirely.

3. Secure Pro Bono Legal Representation

Attorney fees are the most expensive part of filing for bankruptcy. If your income is low enough, you may qualify for free legal representation. Contact your local Legal Services Corporation (LSC) office to find nonprofit legal aid groups in your area that handle pro bono bankruptcy cases.

Mandatory Pre-Filing Requirement

You must complete credit counseling before you file.

Federal law requires all individuals to complete a credit counseling session from an approved agency within 180 days before filing for bankruptcy. Money Fit is approved to provide this required counseling and issue your necessary certificate quickly and affordably. We also offer fee waivers for clients who meet specific income guidelines.

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4. Consider Chapter 13 to Finance Attorney Fees

While Chapter 7 is a liquidation process, Chapter 13 is a reorganization process that requires a 3-to-5-year repayment plan. Many bankruptcy attorneys allow you to roll their legal fees directly into your Chapter 13 repayment plan. This drastically reduces the amount of cash you need upfront to hire a lawyer and file your case.

5. File Pro Se (Without an Attorney)

You have the legal right to file for bankruptcy “pro se,” which means representing yourself without an attorney. This eliminates all legal fees. However, the bankruptcy code is highly complex. If you make a mistake on your paperwork, you risk losing your assets or having your case dismissed. If your case is simple (no real estate, no business assets), free nonprofit tools like Upsolve can help guide you through the pro se process.

Related Bankruptcy Resources:

About the Author

Rick Munster

Rick Munster is the Editor-in-Chief and Senior Manager of Compliance and Media at Money Fit. With 24 years of operational experience in the nonprofit credit counseling sector, he enforces strict regulatory standards across all of the organization's financial education initiatives. Serving on the board of directors for the Financial Counseling Association of America (FCAA), Rick audits Money Fit’s publications to ensure every resource delivers clear, compliant, and consumer-first guidance, deliberately separating genuine nonprofit intervention from the aggressive claims of for-profit debt settlement.