What do I need to do to file a chapter 7 bankruptcy filing fee waiver?

The U.S. Bankruptcy Courts require individuals filing chapter 7 to pay a filing fee of $245. In addition, they must pay a $39 miscellaneous administrative fee and a $15 trustee surcharge. Although the filing fee and other fees can be paid in installments, the courts do waive fees for people with income less than 150 percent of the poverty level.

A filing fee waiver consists of completing an Application for Waiver of the Chapter 7 Filing Fee. People can obtain the application at their local bankruptcy clerk’s office. When completing the application, individuals must provide information such as household size, income, monthly expenses and property. Married couples filing chapter 7 jointly are required to provide documents about their individual financial information. Besides attaching requested schedules and answering questions about a lawyer, individuals must sign the document.

Individuals won’t know immediately if their filing fee waiver is granted. A bankruptcy judge must decide whether or not the request will be granted. The bankruptcy judge will generally grant the filing fee waiver when individuals meet certain conditions. For instance, if they are 150 percent below the poverty line and can’t pay in installments.

Chapter 7 is the legal process to eliminate unsecured debts without paying creditors. Typically, unsecured debts such as medical bills and credit cards are discharged in four to six months. Before filing chapter 7, consult a lawyer. The lawyer will explain the filing fee waiver process and eligibility requirements such as pre-bankruptcy credit counseling.