Filing bankruptcy in Virginia costs anywhere from roughly $350 to more than $7,000. The low end assumes a Chapter 7 case filed without a lawyer by someone who qualifies for a fee waiver. The high end reflects a Chapter 13 case with full attorney representation. The court’s own filing fee is a small piece of the picture: $338 for Chapter 7 and $313 for Chapter 13. Attorney fees, two required education courses, and (in Chapter 13) the trustee’s percentage do most of the work in setting your total.
Court Filing Fee
The U.S. Bankruptcy Courts for the Eastern and Western Districts of Virginia charge the same federally set filing fees: $338 for Chapter 7 and $313 for Chapter 13.1United States Bankruptcy Court Eastern District of Virginia. Fee Schedule Effective March 3, 2025 Each figure bundles the base statutory fee, an administrative fee, and a trustee surcharge.2Office of the Law Revision Counsel. 28 U.S. Code 1930 – Bankruptcy Fees
If you file without an attorney in the Eastern District, payment must be by money order made payable to “Clerk, U.S. Bankruptcy Court.” Attorneys can also pay by check or credit card, and cash is not accepted.1United States Bankruptcy Court Eastern District of Virginia. Fee Schedule Effective March 3, 2025
Attorney Fees
Legal representation is the largest variable cost, and the one most worth pinning down before you commit to a chapter.
Chapter 7
Most Virginia attorneys charge a flat fee of $1,000 to $2,500 for a straightforward Chapter 7 case. The fee almost always has to be paid in full before the petition is filed, because once your case begins the automatic stay makes it difficult for your lawyer to collect any unpaid balance as an unsecured creditor. Business assets, contested debts, or multiple properties push the price toward the higher end.
Chapter 13
Chapter 13 fees work differently because the court directly oversees what lawyers charge. Both Virginia districts use a “no-look” fee system, where judges presume a set amount is reasonable without requiring detailed billing records. In the Eastern District of Virginia, the no-look fee cap is $6,817 as of January 2026.3United States Bankruptcy Court Eastern District of Virginia. Adjust Dollar Amounts Statement Under Local Bankruptcy Rules The Western District sets its own cap through a separate standing order. Attorneys who want to charge above the no-look ceiling must file a fee application and justify the extra work.
The payment structure is easier on your cash flow than Chapter 7. Your attorney collects an initial retainer, often in the range of $1,000 to $1,500, and the rest gets folded into your three-to-five-year repayment plan. The Chapter 13 trustee distributes those payments over time, so you don’t need thousands of dollars in hand to hire a lawyer.
The no-look fee covers routine work: preparing and amending your petition, attending the creditors’ meeting, handling stay relief motions, reviewing claims, and appearing at confirmation hearings. It does not cover adversary proceedings, which require a separate fee arrangement.
Required Credit Counseling and Debtor Education Courses
Federal law requires two separate courses, and skipping either will sink your case.
The first is a credit counseling briefing, which you must complete within 180 days before filing your petition.4Office of the Law Revision Counsel. 11 U.S. Code 109 – Who May Be a Debtor It covers budgeting and alternatives to bankruptcy. The certificate gets filed with your petition, and without it the court will dismiss your case.5U.S. Trustee Program. Frequently Asked Questions (FAQs) – Credit Counseling
The second is a debtor education course (sometimes called a financial management course), taken after filing. The court cannot grant your discharge until you submit that certificate.6Office of the Law Revision Counsel. 11 USC 1328 – Discharge The two are not interchangeable: the post-filing course does not satisfy the pre-filing requirement, and vice versa.5U.S. Trustee Program. Frequently Asked Questions (FAQs) – Credit Counseling
Both sessions must come from providers approved by the U.S. Trustee Program for your district. Most approved providers in Virginia charge between $20 and $50 per course, so plan on $40 to $100 total. Many offer the courses online or by phone.
The Chapter 13 Trustee’s Percentage
If you file Chapter 13, a standing trustee manages your repayment plan and distributes payments to creditors. That trustee takes a percentage of every payment. Federal law caps the trustee’s fee at 10% of plan payments, and the actual percentage varies by district, with some districts charging 6% to 8%.7Office of the Law Revision Counsel. 28 USC 586 – Duties; Supervision by Attorney General
You don’t pay this on top of your plan payments. It’s built into the plan amount. But it does mean creditors receive less than the full amount you pay each month, which affects how the plan gets structured. Over three to five years, the trustee’s total take can add up to several thousand dollars.
Other Out-of-Pocket Costs
A handful of smaller costs come up during the filing process. Together they typically run $100 to $300, though a required appraisal can push that higher.
- Credit reports. You need a full picture of your debts to list every creditor accurately. Free annual reports from all three major bureaus are available through AnnualCreditReport.com, so this costs nothing if you plan ahead.
- Property appraisals. If you own real estate or valuable personal property, the trustee may require a professional appraisal to verify your claimed values. Home appraisals typically run $200 to $600.
- Tax transcripts. Recent returns are required. If you don’t have copies, IRS transcripts are free, though some expedited services carry small fees.
- Copying, certified mail to creditors, and notarization. Virginia caps notary fees at $5 per act for standard notarizations.
If You Can’t Afford the Filing Fee
Virginia filers who can’t pay the court’s fee have two options, and the better one is available only in Chapter 7.
Chapter 7 Fee Waiver
The court can waive the entire $338 filing fee if your household income falls below 150% of the federal poverty guidelines and you can’t afford to pay even in installments.2Office of the Law Revision Counsel. 28 U.S. Code 1930 – Bankruptcy Fees For 2026, the 150% thresholds work out to roughly:
- Single person: $23,940 per year
- Household of two: $32,460
- Household of four: $49,500
You request the waiver on Official Form 103B, which requires a detailed breakdown of monthly income and expenses. The court reviews it and either grants the waiver or offers installment payments instead. Chapter 13 filers cannot get a fee waiver.9Office of the Law Revision Counsel. 11 USC App Rule 1006 – Filing Fee
Installment Payments
If you don’t qualify for a waiver, or you’re filing Chapter 13, you can split the filing fee into up to four installments over 120 days. In unusual circumstances the court can extend the deadline to 180 days. You request this on Official Form 103A.9Office of the Law Revision Counsel. 11 USC App Rule 1006 – Filing Fee One important catch: all installments must be paid in full before your attorney or the trustee can receive any further payments in your case.
Why Your Chapter Choice Drives the Total
Which chapter you qualify for determines what you’ll pay overall, and the means test is how the court decides. It compares your household income against Virginia’s median income figures. The current thresholds are:
- One earner: $77,420
- Household of two: $97,833
- Household of three: $117,300
- Household of four: $145,585
- Each additional person: add $11,100
If your household income is below these figures, you generally qualify for Chapter 7, the faster and cheaper option with lower attorney fees and no multi-year repayment plan. If your income is above, you’ll likely need Chapter 13 unless a more detailed expense analysis brings your disposable income below the cutoff. Because Chapter 13 involves higher attorney fees, trustee commissions, and years of plan payments, the means test result has a direct effect on your total cost.