Filing Bankruptcy in Illinois: Fees, Courts & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Chapter 7 filing fee
- $338$245 filing + $78 administrative + $15 trustee surcharge
- Chapter 13 filing fee
- $313$235 filing + $78 administrative
- Federal districts in Illinois
- 3
- Fee waiver (Ch. 7 only)
- Income < 150% of poverty lineForm 103B; installments via Form 103A
Bankruptcy is federal law, so the filing fees in Illinois are the same as everywhere in the US: $338 for Chapter 7 and $313 for Chapter 13, set by the national bankruptcy fee schedule. What is specific to Illinois is where you file — the state is divided into 3 federal judicial districts (Northern District of Illinois; Central District of Illinois; Southern District of Illinois) — plus the state median-income figures used in the means test and the exemption rules that decide what property you keep.
Illinois debtors must use Illinois state exemptions (no federal option), including the state homestead and wildcard amounts. For the means test, Illinois's current median family income is $73,180 for a one-person household and $137,902 for a household of four (cases filed on or after April 1, 2026) — earn below the figure for your household size and Chapter 7 is presumptively available. The filing fee is rarely the real cost: attorney fees for a routine Chapter 7 commonly run $1,000–$2,500, and Chapter 13 fees $3,000–$5,000 (usually paid through the plan) — market figures that vary by district.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Chapter 7 filing fee$245 filing + $78 administrative + $15 trustee surcharge | $338 | Official fee |
| Chapter 13 filing fee$235 filing + $78 administrative | $313 | Official fee |
| Credit counseling + debtor education coursesfee waivers available from approved providers | $10–$50 each | Estimate |
| Attorney — Chapter 7 (routine) | $1,000–$2,500 | Estimate |
| Attorney — Chapter 13district 'no-look' fees; usually paid through the plan | $3,000–$5,000 | Estimate |
Filing fees are federal and identical nationwide (28 U.S.C. § 1930 + the miscellaneous fee schedule, effective Dec 1, 2023). Attorney figures are market estimates.
Requirements
| Requirement | Rule |
|---|---|
| Credit counseling (before filing) | Completed within 180 days before the petition, from a US Trustee–approved agency |
| Means test (Chapter 7) | Form 122A-1 — compare household income to the state median; current tables apply to cases filed on/after April 1, 2026 |
| Debtor education (after filing) | Separate course required before discharge |
| Fee relief | Ch. 7 waiver (Form 103B) at <150% of poverty + inability to pay installments; 4 installments via Form 103A |
Illinois median family income — Chapter 7 means test
| Household of 1 | Household of 2 | Household of 3 | Household of 4 |
|---|---|---|---|
| $73,180 | $93,934 | $113,625 | $137,902 |
Official US Trustee Program figures (Census Bureau data), applicable to cases filed on or after April 1, 2026. Add $11,100 for each household member beyond four. Household income below the figure for your size = Chapter 7 presumptively available on Form 122A-1; above it, the full means-test calculation (Form 122A-2) applies.
The process, step by step
- Take the credit counseling briefing. From a US Trustee–approved agency (online/phone typical), within 180 days before filing; file the certificate with the petition.
- Run the means test. Compare your household income to the Illinois median (Form 122A-1). Below median → Chapter 7 presumptively available; above → the full means-test calculation or Chapter 13.
- File the petition in your district. Official Form 101 plus schedules, filed with the bankruptcy court for your district (Northern District of Illinois; Central District of Illinois; Southern District of Illinois). The automatic stay stops collections immediately.
- 341 meeting of creditors. About a month after filing; the trustee questions you under oath — creditors rarely attend consumer cases.
- Complete debtor education, then discharge. Chapter 7 discharges in roughly 3–4 months; Chapter 13 on completing the 3–5 year plan.
Forms & where to file
The US Bankruptcy Court for your district: Northern District of Illinois; Central District of Illinois; Southern District of Illinois. Your county determines the district and division.
- Official Form 101 — Voluntary Petition (all official forms, free)
- Northern District of Illinois — Bankruptcy Court
- Central District of Illinois — Bankruptcy Court
- Southern District of Illinois — Bankruptcy Court
Frequently asked questions
How much does it cost to file bankruptcy in Illinois?
The court fees are federal and uniform: $338 for Chapter 7, $313 for Chapter 13. Chapter 7 filers below 150% of the poverty line who cannot pay in installments can have the fee waived entirely (Form 103B).
Which bankruptcy court serves me in Illinois?
Illinois has 3 districts: Northern District of Illinois; Central District of Illinois; Southern District of Illinois. You file in the district (and division) covering your county — each court's website has a county list.
Do I have to take the counseling courses?
Yes — a pre-filing credit counseling briefing (within 180 days before filing) and a post-filing debtor education course are both mandatory. Both must come from approved providers listed at justice.gov/ust; each typically costs $10–$50 with waivers available.
What property can I keep in Illinois?
Illinois debtors must use Illinois state exemptions (no federal option), including the state homestead and wildcard amounts. Exemption planning is where legal advice earns its keep — the wrong election can cost real property.
Related information
Sources & verification
- US Courts — Bankruptcy Court Miscellaneous Fee Schedule
- US Trustee Program — Credit Counseling & Debtor Education
- US Trustee Program — Means Testing (median income data)
- US Courts — Official Bankruptcy Forms
- US Trustee Program — Census Bureau Median Family Income by State (eff. 4/1/2026)
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.