Can I get the filing fee for chapter 7 waived?

The filing fee in a Chapter 7 bankruptcy may be waived if the debtor files the application with the bankruptcy petition and the court approves it.  Certain information must be provided to the court, however, in order for them to approve the waiver of a filing fee. The filing fee may not be waived in a Chapter 13 case. 

Official Form 3B

The application for waiver of the Chapter 7 filing fee is known as Official Form 3B and can be found on the United States Court's website. The application requires that you provide the size of your household, your income and expense information. You also must provide all your assets, including real and personal property, as well as any person or entity that owes you money. The form also asks if you have paid an attorney or anyone else to assist you in filing bankruptcy. An attorney may not receive fees from an individual that is requesting a waiver of the filing fees from the court. All of this information is required for the court to determine that you are unable to pay the filing fee and a waiver is warranted.

Filing Fee in Installments

In a Chapter 7 bankruptcy, you also have the option of paying the filing fee in installments. The fees must be paid in no more than four installments and within 120 days of the filing of the petition. Under certain circumstances, the court may lengthen the time the debtor has to pay the fees, but no longer than 180 days total.