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How Can I Get a Ch. 7 Filing Fee Waiver

  • You must demonstrate that paying the Chapter 7 filing fee will cause you significant financial hardship.
  • Complete the "Application to Have the Chapter 7 Filing Fee Waived" form and submit it with your bankruptcy petition.
  • If you feel uncertain about the process, contact The Credit Pros for guidance on improving your credit and navigating your financial challenges.

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Related content: How Do I File Chapter 7 Bankruptcy (By Myself or With a Lawyer)

To get a Chapter 7 filing fee waiver, you need to prove that paying the fee would cause significant financial hardship. Start by completing the "Application to Have the Chapter 7 Filing Fee Waived" form on the U.S. Courts website. Your income must be less than 150% of the federal poverty guidelines to qualify.

Fill out the waiver form and submit it with your bankruptcy petition to the bankruptcy court. The court will review your application and decide if you qualify for a waiver. If approved, you won’t have to pay the $338 filing fee.

If this process feels overwhelming, consider calling The Credit Pros. We'll have a simple, no-pressure conversation to review your entire 3-bureau credit report and guide you through your financial situation. Reach out to us for expert support and tailored solutions.

On This Page:

    Qualifications And Income Limits For A Chapter 7 Filing Fee Waiver

    You may qualify for a Chapter 7 filing fee waiver if your income is below 150% of the federal poverty line for your family size and you can't pay the fee in installments within 120 days.

    To apply:

    1. Complete Form 103B (Application to Have the Chapter 7 Filing Fee Waived).
    2. Provide information on:
    • Your family size and income.
    • Your monthly expenses.
    • Your assets (cash, property, etc.).
    • Why you can't pay in installments.

    The court will review your application and may:
    • Grant the waiver.
    • Deny it and set up a payment plan.
    • Request a hearing for more information.

    Key points:
    • Your income includes your spouse's (if not separated).
    • Non-cash assistance like food stamps is excluded.
    • Having paid an attorney doesn't disqualify you.
    • You must prove you meet the requirements.

    We recommend consulting a bankruptcy lawyer to guide you through this process and maximize your chances of approval.

    As a final point, ensure you meet the qualifications and income limits for a Chapter 7 filing fee waiver to improve your chances of approval.

    How Do I Complete Form 103B To Request A Fee Waiver

    To complete Form 103B to request a fee waiver for bankruptcy, follow these steps:

    1. Get Form 103B from the U.S. Courts bankruptcy forms website.

    2. Fill out the form with your:
    • Family size and total income
    • Monthly expenses
    • Cash and bank account balances
    • Personal property and real estate
    • Previous bankruptcy cases in the last 8 years
    • Payments made to an attorney for filing help

    3. Make sure your income is below 150% of federal poverty guidelines.

    4. Explain why you can't pay the $338 fee upfront or in installments.

    5. Sign and date the form, certifying the information under penalty of perjury.

    6. File Form 103B with your bankruptcy petition and schedules.

    7. The court may:
    • Approve the waiver
    • Deny the waiver and set up a payment plan
    • Schedule a hearing for more details

    8. If the waiver is denied, you can ask to pay the fee in up to 4 installments over 120 days.

    9. You can also request waivers for mandatory credit counseling fees (~$50), if needed.

    To put it simply, gather your financial details, fill out Form 103B, explain your inability to pay, and file it with your bankruptcy petition. If denied, explore installment options.

    What Financial Information Must I Provide For A Fee Waiver

    To get a fee waiver for bankruptcy, you need to provide extensive financial information to the court. You must show proof that your income is below 150% of the federal poverty guidelines. You need to complete Form 103B with thorough financial disclosures.

    You must include details about your family size and combined household income. You also need to list your monthly expenses, cash on hand, bank account balances, and any property or other assets you own. Make sure this information is consistent with your bankruptcy schedules.

    The court needs to see that you face severe financial hardship and cannot pay the fee, even in installments over 120 days post-filing. The court may grant the waiver, deny it and set up a payment plan, or request a hearing for further evaluation.

    Be prepared to justify your inability to pay. In short, you should gather these documents and consider seeking legal counsel to navigate this process successfully.

    Will I Need To Appear In Court For My Fee Waiver Request

    You might need to appear in court for your fee waiver request during bankruptcy, but this isn't always the case.

    Many judges approve fee waiver applications without a court appearance. Sometimes, however, a judge might ask you to appear for additional questioning about your financial situation. To improve your chances of approval without appearing in court, you should:

    • Thoroughly complete Form 103B (Application to Have the Chapter 7 Filing Fee Waived).
    • Provide accurate and detailed financial information showing you can't pay the fee upfront or in installments within 120 days of filing.
    • Ensure your income is below 150% of the federal poverty guidelines.

    If you can afford to pay in installments, your waiver request may be denied. Even if you meet the income requirements, you must declare under penalty of perjury that you can't pay in installments. If the court staff determines you don't meet the requirements, a judge will review your request.

    To finish, be prepared for a possible court appearance, but know that many fee waiver requests in bankruptcy cases are approved without one.

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    Can I Pay The Chapter 7 Filing Fee In Installments Instead

    Yes, you can pay the Chapter 7 bankruptcy filing fee in installments. Here's how:

    • The Chapter 7 filing fee is $338, which you owe when you file your petition.

    • To request installment payments, you need to submit Form 103A to the court.

    • You can propose up to 4 payments over 120 days after filing.

    • Each bankruptcy district sets its own minimum down payment.

    • The court must approve your installment request.

    • You get immediate bankruptcy protection, even before paying in full.

    • This can help if you're facing wage garnishment or foreclosure.

    • Low-income filers (below 150% of the poverty line) may qualify for a fee waiver instead.

    • Chapter 13 filers typically can't use installments or waivers.

    In essence, you can split the $338 filing fee into 4 payments over 120 days, but the court must approve your plan. For specifics, contact your local bankruptcy court.

    How Many Installment Payments Are Allowed For The Fee

    You can request to pay the bankruptcy filing fee in installments. For Chapter 7, you can make up to four installment payments. All payments must be completed within 120 days after filing. In exceptional circumstances, the court may extend this period to 180 days.

    You should fill out the "Application for Individuals to Pay the Filing Fee in Installments" (Form 103A) and submit it with your bankruptcy petition. If the court approves, you must follow the payment schedule to avoid case dismissal. Missing a payment can lead to your case being dismissed without notice or hearing.

    To wrap up, you can request up to four installment payments for the fee, but it's crucial to complete all payments within the specified time to avoid dismissal.

    What’S The Deadline To Pay All Fee Installments

    You need to pay all fee installments within specific deadlines when filing for Chapter 7 bankruptcy.

    For Chapter 7 bankruptcy fee installments:
    • You can request up to 4 installments.
    • The final payment is due within 120 days of filing.
    • The court may extend the deadline to a maximum of 180 days.
    • You must file Form 103A to apply for installment payments.
    • Full payment of the fee is required before your attorney receives further payments.
    • The court will not grant a discharge until you pay the fee in full.

    If you can't afford the fee:
    • You can apply for a fee waiver using the official form.
    • You must be below 150% of the poverty guidelines.
    • You need to prove your inability to pay even in installments.

    To pay installments:
    • Propose a payment plan on Form 103A.
    • The court will set amounts and due dates.
    • You can pay online or mail a check/money order to the court.
    • Don’t miss deadlines, or your case may be dismissed.

    On the whole, prioritize paying the fee on time to keep your case active and secure your discharge. If you have any questions, contact the court clerk for help with amounts due or payment methods.

    Alternatives If I Can'T Afford The Full Filing Fee

    If you can't afford the full bankruptcy filing fee, you have options:

    1. Apply for a Fee Waiver:
    • If your income is below 150% of the poverty level, you can file Form 103B with your bankruptcy petition.
    • Provide your financial details to justify the waiver request.

    2. Pay in Installments:
    • Propose a four-payment plan over 120 days and get court approval.
    • Missing payments might lead to case dismissal.

    3. Seek Free or Low-Cost Legal Help:
    • Contact local legal aid societies or law school clinics for assistance.
    • Look for pro bono attorneys through bar associations.
    • Use the U.S. Court Federal Court Finder for additional resources.

    4. Negotiate with Your Attorney:
    • Ask about reduced fees or payment plans.
    • Compare rates from multiple local lawyers.
    • Some attorneys might take your case pro bono if you are low-income.

    5. Consider Filing Without an Attorney (Pro Se):
    • This option is feasible for simple Chapter 7 cases.
    • Be prepared for significant time and research.
    • Use a self-help guide like "How to File for Chapter 7 Bankruptcy."

    Remember, bankruptcy should be a last resort. Explore alternatives like debt negotiation or credit counseling first.

    Bottom line: You have several options if you can't afford the full filing fee. Consider fee waivers, payment plans, free legal help, negotiating fees, or filing pro se.

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    How Do I Show I Can'T Pay The Fee Even In Installments

    To show you can't pay the bankruptcy fee, even in installments, follow these steps:

    1. File Form 103B (Application to Have Chapter 7 Filing Fee Waived) with your bankruptcy petition.

    2. Demonstrate your income is below 150% of federal poverty guidelines.

    3. Prove you can't afford installment payments within 120 days of filing.

    4. Provide thorough financial details:
    • Income and expenses
    • Assets and debts
    • Bank balances
    • Cash on hand

    5. Include household information:
    • Family size (including unmarried partners and shared-expense roommates)
    • Total household income

    6. Ensure all information matches your bankruptcy schedules.

    7. Request fee waivers for required credit counseling courses from the providing agencies.

    8. If denied a full waiver, ask the court about installment options.

    9. Consider filing without an attorney (pro se) if legal fees are unaffordable.

    10. Communicate promptly with the court if your financial situation changes during the process.

    In a nutshell, you must file Form 103B, prove your income is below 150% of federal poverty guidelines, and provide complete financial details and household information to show you can't pay the fee even in installments.

    What Happens If My Fee Waiver Request Is Denied

    If your fee waiver request is denied for bankruptcy, you have two primary options:

    1. Pay the full $335 filing fee within a short timeframe, usually 7-14 days.
    2. Set up an installment plan to pay over 90-120 days.

    For installments, you can request to pay in 3-4 payments, with the first payment often due when you file. If you fail to pay, your case could be dismissed.

    You can reapply for a waiver later if your financial situation changes. The court might schedule a hearing for you to provide more evidence of your inability to pay before making a final decision. If you start installment payments but later qualify for a waiver, it applies only to the remaining unpaid fees.

    Remember, even if initially granted, a fee waiver can be revoked if your financial circumstances improve during the case. All in all, if your fee waiver request is denied, you should either pay the fee promptly or arrange an installment plan to avoid case dismissal and consider reapplying if your finances worsen.

    Can I Amend My Fee Waiver Application If Needed

    Yes, you can amend your fee waiver application if needed in bankruptcy. Here's what you should know:

    You may modify your existing fee waiver request if your financial situation changes or if there were errors on the original form. To amend, complete a new Form 103B (Application to Have the Chapter 7 Filing Fee Waived) with updated information.

    Submit the revised form to the bankruptcy court as soon as possible, explaining why you're amending. The judge may approve your amendment without a hearing, or you might need to appear in court to answer questions.

    If developments show you have more income or property than initially disclosed, the court can revoke a previously granted fee waiver. If your amendment is denied, you may still request to pay the filing fee in installments (up to four payments within 120 days of filing).

    At the end of the day, make sure all information on your amended application is truthful and complete to avoid potential issues with your bankruptcy case.

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