Filing a fee waiver in a chapter 7 case

February 20, 2014

In some instances the bankruptcy court can waive the filing fee required in a chapter 7 bankruptcy case. This can be done in a chapter 7 case where the debtor’s income is below 150% of the poverty line. See chart below for the 2013 guideline amounts.

150% Federal Poverty Level (FPL) Guidelines for 2013

Household Size Monthly Income
1 1,436.25
2 1,938.75
3 2,441.25
4 2,943.75
5 3,446.25

In addition to being below the guideline mount you must also demonstrate that the debtor is unable to pay the filing fee in installments.

In order to request the waiver a motion is filed at the commencement of the case, or when the petition is filed with the court or after the case is converted from chapter 13 to chapter 7. The motion is available through the bankruptcy court and is the official form B3B.

If the court rejects the motion to waive the pay order an alternative motion is to pay the filing fee in installments. The court will allow the debtor to pay the filing fee in upwards of 4 installment payments. The first payment being due the date the case is filed and the final payment being due 90 days after the case was filed. If the debtor fails to make these payments the case can be dismissed and the debtor will not receive a discharge.

For more information about bankruptcy contact the experienced attorney’s at Fears Nachawati. Call 1.866.705.7584 or send an email to fears@fnlawfirm.com.

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