What Chapter 13 bankruptcy costs in South Carolina
By Marcus Beck · Updated 2026-07-13
Chapter 13 bankruptcy can stop a scheduled foreclosure sale and give you years to catch up on missed mortgage payments. It isn’t free, but the costs are more structured than most first-time filers expect.
This is general information, not legal or financial advice. Bankruptcy law is federal, but local court practice and attorney pricing vary, so confirm current numbers with an attorney before you file.
The two costs: court fee and attorney fee
Every Chapter 13 case has a fixed federal filing fee, currently $313, paid to the bankruptcy court. This part doesn’t change based on who represents you or how complicated your case is.
Attorney fees are the variable piece. Many South Carolina bankruptcy attorneys charge a fee that covers preparing the petition, the repayment plan, and representing you through confirmation. A meaningful part of that fee is often built into your Chapter 13 plan payments and paid to the trustee over time, rather than collected entirely up front, which is one reason Chapter 13 stays accessible to people who are already behind on the mortgage.
Ask upfront exactly what the quoted fee covers. Some quotes include representation through any contested hearings that come up, like a motion from the lender to lift the automatic stay, while others treat that as extra work billed separately. Knowing which model you’re getting avoids a surprise invoice mid-case.
What makes a case cost more
| Situation | Why it adds cost |
|---|---|
| Multiple debts or liens beyond the mortgage | More creditors to schedule and negotiate with in the plan |
| Self-employed or variable income | Income documentation takes more attorney time to prepare correctly |
| A prior bankruptcy filing | Courts scrutinize repeat filers more closely, adding legal work |
| Contested claims from a lender | Objecting to a proof of claim or fighting a relief from stay motion adds hearings |
| Multiple properties or business assets | More schedules and valuations to prepare |
A simple case, mainly the mortgage, with a single steady income source, tends to sit at the lower end of what firms quote. A case with several debts, disputed claims, or a prior filing moves toward the higher end.
Why the cost can still be worth it
Filing Chapter 13 triggers an automatic stay, which stops a scheduled sheriff’s sale the moment the petition is filed. That alone can be the difference between keeping the home and losing it, especially if the sale date is close. From there, a confirmed plan lets you spread missed payments over three to five years instead of paying them all at once.
Compare the total cost, court fee plus attorney fee, against what’s actually at stake: the equity in your home, the cost of moving and re-renting, and the risk of a deficiency judgment if the home sells for less than you owe. For many homeowners in a judicial foreclosure state like South Carolina, the math still favors filing when a case is genuinely worth saving.
Getting a real number for your case
Rough averages don’t tell you what your case will cost, since debt complexity and income type both move the price. A bankruptcy attorney can give you an actual quote after a short intake conversation about your debts and income, usually at no cost for the initial consultation. Bring your most recent mortgage statement, a list of other debts, and your last two pay stubs or income documentation so the quote reflects your real situation instead of a guess.
It’s reasonable to get quotes from more than one firm, particularly if your case is on the more complex end. Two attorneys reviewing the same facts can land on different prices based on how they structure their practice, and a second opinion sometimes surfaces options the first attorney didn’t mention. If you’re still deciding between bankruptcy and fighting the foreclosure directly in court, the guide on what a foreclosure defense attorney costs breaks down that alternative fee structure.
The bottom line
The federal filing fee is fixed and predictable. Attorney fees vary with case complexity, but a real chunk of that cost is often spread across your repayment plan rather than due at signing. Get a specific quote before assuming Chapter 13 is out of reach. Visit the homepage to browse local attorneys, and see our scoring methodology for how we evaluate the ones listed on this site.
FAQ
- What is the federal court filing fee for Chapter 13?
- The federal filing fee for a Chapter 13 case is a fixed amount set by the bankruptcy court, currently $313. This fee doesn't change based on attorney or case complexity.
- Are attorney fees for Chapter 13 paid up front?
- Often, part of the attorney's fee can be included in your Chapter 13 repayment plan and paid over time through the trustee, rather than all up front. Ask your attorney whether this applies in your case.
- Why do two attorneys quote different prices for the same type of case?
- Experience, caseload, and how much of the fee is bundled into the plan all vary by firm. A more complex debt picture, like multiple liens or a prior bankruptcy filing, also raises the price regardless of who you hire.
- Does filing Chapter 13 cost more than letting the foreclosure proceed?
- Filing has real costs, but so does losing the home and potentially owing a deficiency afterward. Compare the total cost of filing against what staying in the home and rebuilding equity is worth to you.