The Chapter 7 Bankruptcy Filing Fee Waiver

The Chapter 7 bankruptcy filing fee is $299.00.There are other fees that you will have to pay such as your attorney’s fees and a certificate of credit counseling fee which runs about $50.00. If you cannot afford the $299.00 bankruptcy fiing fee, you can file an application for waiver of the Chapter 7 filing fee at the time you file your bankruptcy petition.  The judge can only waive the fee if your income is 150% below the poverty line for your family size, and you can prove that you cannot afford to pay the fee in installments of 4 to 6 months.  The court must decide quickly and inform you and the trustee in about 10 days.  If the judge approves the waiver, then you are filing under the status in forma pauperis (Latin for “in the manner of a pauper”).   If the judge denies the waiver, then you will have to make payment arrangements to pay the fee in installments. Failure to make payments in a timely manner or failing not to pay will result in the court dismissing your bankruptcy case. 

The Application 

When completing the application for waiver of the Chapter 7 bankruptcy filing fee, you must include the following information: 

• Your income, list of expenses and a list of your assets, including cash in your bank account
• Whether you expect to receive any other money
• How much money you have paid in attorney’s fees
• Whether you have filed bankruptcy in the past and the discharge date
• Any other information explaining why you cannot pay the fee in installments 

You must sign and date the declaration under penalty of perjury stating that the information is true and correct.   

Hire a Bankruptcy Attorney 

Bankruptcy matters are complicated.  You should hire a bankruptcy attorney to represent you in court regarding your Chapter 7 bankruptcy case.  The attorney is knowledgeable about the bankruptcy laws in your state and can answer your questions.