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The bankruptcy process: Filing fees and waivers

Orantes Law Firm June 27, 2012

Bankruptcy filing fees differ depending on the type of filing. Chapter 7 bankruptcy fees total $306 while Chapter 13 bankruptcy fees are $281. Other Chapters – 9, 11 and 15 – are considerably higher at $1,046.

With this amount of money being spent just on filing fees, it is very important that people know the law and the steps they can take to help make these payments. In a Chapter 13 bankruptcy, the debtor may pay the filing fees in installments over a period of 120 days, or sometimes longer with court permission. If the debtor fails to make payments, the court may issue a deficiency notice.

Can you waive the bankruptcy filing fees?

Regardless of a debtor’s financial situation, a debtor cannot waive a filing fee in a Chapter 13 case. A debtor can waive his or her filing fee, however, in a Chapter 7 bankruptcy.

In order to qualify for this waiver, the person in debt must have an income lower than 150 percent of the official poverty line for his or her family size. Any dependents in the household will also have their incomes included to determine the household income. Along with these requirements, the debtor must be financially unable to pay the monthly installments.

Bankruptcy laws are complicated and, without professional assistance, can add stress to an already struggling individual or family. Fortunately, with the help of someone who understands the rules and regulations, the debtor can save money and look toward a brighter future.

Source: USCourts.gov, “Bankruptcy filing fees