Bankruptcy Cost in the Eastern District of North Carolina
Last updated: 2026-04-18 | Filing fees verified against current US Courts fee schedule.
This page breaks down the real cost of filing bankruptcy in the Eastern District of North Carolina -- the federal court covering North Carolina bankruptcy cases in this region. Filing fees are set nationally by the Judicial Conference and are identical across all 94 federal bankruptcy districts, but attorney fees, case volumes, and dismissal rates vary meaningfully by district. The figures below combine the 2026 court fee schedule with actual case counts pulled from the Federal Judicial Center's Integrated Database for this district, plus market-rate attorney fee ranges typical of mid-size metropolitan markets.
Federal Filing Fees (2026) -- Same Nationwide
Bankruptcy filing fees are set by the Judicial Conference of the United States and apply uniformly to every federal bankruptcy district, including the Eastern District of North Carolina. The 2026 amounts are:
| Chapter | Filing Fee | Who Files |
|---|---|---|
| Chapter 7 | $338 | Individuals seeking liquidation |
| Chapter 11 | $1,738 | Businesses and high-debt individuals |
| Chapter 12 | $278 | Family farmers and fishermen |
| Chapter 13 | $313 | Individuals with regular income |
These fees cover clerk services, case administration, and trustee appointment. They do not include attorney fees, credit counseling, or the cost of any required bankruptcy schedules. All four chapters allow installment payment of the filing fee (Form 103A); only Chapter 7 allows a complete fee waiver (Form 103B) for filers below 150% of the federal poverty line.
Attorney Fee Ranges in the Eastern District of North Carolina
Attorney fees are where district-level cost really diverges. The Eastern District of North Carolina is a mid-size metropolitan legal market, which pushes Chapter 7 and Chapter 13 no-look fees into the following typical ranges:
| Chapter | Filing Fee | Attorney Fee Range | Total Cost Range |
|---|---|---|---|
| Chapter 7 | $338 | $1,100 - $2,500 | $1,468 - $2,938 |
| Chapter 13 | $313 | $3,000 - $5,000 | $3,343 - $5,413 |
| Chapter 11 | $1,738 | $10,000 - $40,000 | $11,768 - $41,838 |
Total includes credit counseling $30 - $100 for both required courses.
Some bankruptcy courts publish "no-look fee" guidelines -- a presumptive reasonable Chapter 13 attorney fee that the court will approve without requiring detailed fee applications. Check the Eastern District of North Carolina's local rules for the current no-look fee amount before signing a retainer. If your attorney's proposed fee exceeds the no-look amount, the attorney must file a fee application, and the court can reduce fees found to be unreasonable (11 U.S.C. section 329, 330). Fees in excess of the disclosed amount can also be disgorged.
In mid-size metropolitan markets, simple Chapter 7 cases with no adversary proceedings and routine exemption claims fall at the low end of the range. Cases with nondischargeability complaints, means-test contests, lien-strip motions, or multiple vehicles push toward the high end. Chapter 13 fees are higher because of the longer case timeline, the plan-confirmation process, and the ongoing trustee-compliance work over three to five years.
Real Filing Volume in the Eastern District of North Carolina (FJC Data)
The table below shows actual case counts and outcomes from the Federal Judicial Center Integrated Database for the Eastern District of North Carolina covering filings from 2004 through 2026. These are real resolved filings, not estimates. Comparing your chapter choice against the dismissal rates here can save you thousands of dollars in wasted fees on a case that never reaches discharge.
| Chapter | Cases Filed | Share of Filings | Discharge Rate | Dismissal Rate |
|---|---|---|---|---|
| Chapter 7 | 187 | 28.2% | Insufficient data | Insufficient data |
| Chapter 11 | 255 | 38.5% | Insufficient data | Insufficient data |
| Chapter 13 | 220 | 33.2% | Insufficient data | Insufficient data |
Discharge and dismissal rates are computed on resolved cases only. Pending cases are excluded. Source: FJC Integrated Database (bankruptcy_master.db).
What the Data Says About Filing Here
Consumer filings in the Eastern District of North Carolina split 28% Chapter 7 and 33% Chapter 13, close to the national mix. Filers here have meaningful choice between chapters and should compare total cost carefully.
The district also handles a meaningful Chapter 11 docket (255 cases in the sample), including individual Chapter 11 and Subchapter V small-business cases. Chapter 11 costs are an order of magnitude higher than consumer chapters -- the filing fee alone is $1,738, and attorney fees typically start at five figures.
Chapter 7 vs Chapter 13 Total Cost Math
The sticker price of Chapter 13 looks lower than Chapter 7 because the filing fee is $25 less. That comparison is misleading. Chapter 13 is a three-to-five-year repayment plan, and the total cost of a Chapter 13 case -- filing fee plus attorney fee plus plan payments plus trustee commission -- is almost always larger than Chapter 7.
Here is the math for a typical mid-range Chapter 13 case in the Eastern District of North Carolina. Assume a filing fee of $313, an attorney fee paid through the plan of $4,500 (mid-market), and a 60-month plan with monthly payments of $400. The debtor pays the filing fee up front, then pays $400 per month for 60 months = $24,000 total into the plan. The trustee takes a 10% commission ($2,400). The attorney fee of $4,500 is paid from plan payments. After the trustee commission, roughly $17,100 flows to creditors. The debtor's total out-of-pocket across the case: filing fee + 60 payments = $313 + $24,000 = $24,313.
Compare that to Chapter 7 at the same market rate: $338 filing fee + $1,800 attorney fee + $60 counseling = $2,198 total, paid once. For a qualifying filer, Chapter 7 is roughly 1/10 the total cost.
Chapter 13 is still the right chapter for filers who (a) fail the means test, (b) need to cure mortgage arrears to save a home, or (c) have nondischargeable priority tax debt to pay over time. But the cost comparison should drive the decision, not the $25 filing-fee gap.
Chapter 7 Fee Waiver in North Carolina (Form 103B)
The $338 Chapter 7 filing fee can be waived entirely if your household income is below 150% of the federal poverty guidelines. The waiver is available only in Chapter 7 -- not Chapter 11, 12, or 13 -- because those chapters contemplate ongoing payments. File Form 103B with your petition.
| Household Size | 150% Poverty (Annual) | Monthly Equivalent |
|---|---|---|
| 1 person | $22,590 | $1,882 |
| 2 persons | $30,660 | $2,555 |
| 3 persons | $38,730 | $3,228 |
| 4 persons | $46,800 | $3,900 |
| 5 persons | $54,870 | $4,572 |
| 6 persons | $62,940 | $5,245 |
If you are above 150% of poverty but cannot pay the filing fee in a lump sum, use Form 103A to pay in up to four installments over 120 days. You cannot pay an attorney while paying the filing fee in installments.
Credit Counseling and Debtor Education
Every consumer bankruptcy filer -- in every district, including the Eastern District of North Carolina -- must complete two credit courses: a pre-filing credit counseling briefing (within 180 days before filing) and a post-filing debtor education course (before discharge). Both courses are provided by DOJ-approved nonprofit agencies, typically online. Fees run $30 to $100 per course and can be waived for low-income filers. The DOJ publishes a list of approved providers; compare prices and hardship-waiver policies before enrolling.
Hidden Costs Specific to the Eastern District of North Carolina
Beyond filing fees, attorney fees, and counseling, several costs frequently surprise first-time filers here:
- Amendment fees. Amending schedules after filing often carries a fee (around $34). If you forget a creditor or misstate an asset, the fix costs money.
- Reaffirmation hearings. If you reaffirm a vehicle loan or mortgage in Chapter 7, you may need to attend a reaffirmation hearing. Attorneys sometimes charge extra for this.
- 341 meeting travel. The 341 meeting of creditors is held in person in many districts. If you live far from the meeting location, factor in travel time and cost.
- Trustee fees in Chapter 13. Chapter 13 trustees take a commission (typically 4-10%) on every dollar that flows through the plan. A $24,000 plan can carry $1,500-$2,400 in trustee commissions.
- Lien-strip and valuation motions. If you need to strip a wholly-unsecured junior mortgage or a lien on a vehicle, your attorney may charge separately for the motion and any required valuation evidence.
A good attorney will quote these as part of the retainer rather than billing them a-la-carte after filing. Ask about them up front.
Free and Low-Cost Options in the Eastern District of North Carolina
Several pathways exist for filers who cannot afford standard retainer fees in this district:
- Legal Services Corporation legal aid. Search LawHelp.org by state and filter to bankruptcy. LSC-funded legal aid offices represent qualifying low-income filers at no cost.
- Local bar association pro bono panels. Many county bar associations maintain panels of private attorneys who accept bankruptcy cases at no charge. Call the local bar in your North Carolina county.
- Law school clinics. Several North Carolina law schools operate supervised bankruptcy clinics. Work is handled by law students under faculty supervision, and the service is free.
- Pro se filing. For simple Chapter 7 cases with no real estate, few assets, and no adversary proceedings, pro se filing is viable. The Eastern District of North Carolina clerk's office publishes pro se filing packets. Pro se Chapter 13 is strongly discouraged -- dismissal rates run much higher than for represented cases.