When a debtor files for bankruptcy the court charges a filing fee to file the case. For a chapter 7 case the courts charge a $245 case filing fee, a $75 miscellaneous administrative fee, and a $15 trustee surcharge. These fees are paid to the clerk when the case is filed. Although with a chapter 7 case a debtor can request to pay the filing fee in installments or have the fee waived.
If the Debtor is asks the court to pay the fee in installments the number of installments is limited to four, and the final payment must be made no later than 120 days after the case is filed. For cause shown, the court may extend the deadline, but the last payment then must be paid not later than 180 days after the case is filed. Failure to pay these fees may result in the case being dismissed.
If the debtor’s is unable to pay in installments and the income is less than 150% of the poverty level, the court may waive the filing fee.
For a chapter 13 case the courts charge a $235 case filing fee and a $75 miscellaneous administrative fee. The debtor may also request to pay these fees in installments or for the fee to be waived, however the Debtor must also make a chapter 13 plan payments so the Debtor must have sufficient income to pay the plan to remain in the case.
If you have any questions about Bankruptcy or filing fees, contact the attorneys at Fears Nachawati today. Call 1.866.705.7584 or send an email to fears@fnlawfirm.com for a free consultation.