Are there alternatives to paying high bankruptcy filing fees?

The filing fee for a Chapter 7 bankruptcy case is $299.  For a Chapter 13 case, the filing fee is $284.  For many debtors, paying the filing fee in a lump sum is prohibitive.  Fortunately, the Bankruptcy Code provides alternatives to paying bankruptcy filing fees in a lump sum. 

The most common alternative to paying the filing fee in a lump sum is to pay it in installments.  A debtor who wishes to pay the filing fee in installments must file an Application to Pay Filing Fee in Installments with the bankruptcy court.  If the application is granted, the debtor must pay the filing fee in full within 120 days of the date the bankruptcy petition was filed.  For cause, the bankruptcy court may extend the time to pay the filing fee to 180 days.  The filing fee must be paid in full in four or fewer installments. 

The other alternative to paying the bankruptcy filing fee in a lump sum is to request a waiver.  In a Chapter 7 case, the filing fee may be waived if the debtor’s income is less than 150% of the poverty level for a family of the same size as the debtor’s. The filing fee cannot be waived in a Chapter 13 case.  To request a waiver of the filing fee, a debtor must file an Application for Waiver of the Filing Fee at the time he files his bankruptcy petition. 

If you have questions about alternatives bankruptcy filing fees, you should speak with a qualified bankruptcy attorney.