Application for Waiver of Chapter 7 Filing Fee

If you cannot afford to pay the filing fee in full or in installments, you can file an Application to Have the Chapter 7 Filing Fee Waived (Form 103B).

When you file for bankruptcy, you must pay a filing fee. If you can’t afford to pay this fee up front or in installments, you might qualify for a waiver of the fee. Along with your other bankruptcy forms, you will have to complete and file a fee waiver form.

(To learn about other required forms, see Completing the Bankruptcy Forms.)

Can You Pay in Installments?

If you don’t have the funds to pay the filing fee now, but you’ll have money later, you can ask the court to allow you to pay the fee in installments. To do so, you’ll complete Form 103A Application for Individuals to Pay the Filing Fee in Installments and request to pay the fee in up to four payments within 120 days of your bankruptcy filing date.

Who Qualifies for a Chapter 7 Fee Waiver?

If you just don’t have the funds to pay the fee—even down the road—you’ll qualify for a fee waiver if:

What Is the Official Poverty Line?

The fee waiver income limits are based on the official poverty guidelines last published by the U.S. Department of Health and Human Services (DHHS). Even if you’re within the poverty guidelines, you’ll still have to state under penalty of perjury that you can’t pay the fee in installments.

You can find the bankruptcy fee waiver income limits on the U.S. Court’s website at www.uscourts.gov. At the bottom of the page, click on “Bankruptcy,” “Chapter 7 Fee Waiver Procedures and Resources,” and “150 Percent of the HHS Poverty Guidelines.”

Completing the Application for Fee Waiver

To complete Form 103B Application to Have the Chapter 7 Filing Fee Waived, you must provide information about your family size, combined family income, monthly expenses, cash on hand, bank accounts, personal property, and real estate.

You’ll use the information you provided on your bankruptcy schedules (the figures should be consistent). In particular, you’ll need information from Schedule I (income), Schedule J (expenses), and Schedule A/B (property).

You must also provide information about:

  • any amounts you’ve paid or promised to pay an attorney or anyone else for services related to your bankruptcy filing, and
  • any bankruptcies you’ve filed in the previous eight years.

The form also gives you an opportunity to provide any other information that helps explain why you cannot pay the fee up front or in installments.

The Court’s Order on Your Application for Fee Waiver

The court can order one of the following things:

  • grant the fee waiver
  • schedule the matter for a hearing at which you must appear, or
  • deny the fee waiver and order a payment schedule for the fee.

How to Get the Bankruptcy Fee Waiver or Installment Application

All bankruptcy forms are here.

This article provides general information only. There are many legal issues involved and important decisions to be made when filing for bankruptcy. You must understand the entire bankruptcy process, learn about the applicable federal and state laws, and determine how those laws will affect your particular situation before you complete the bankruptcy forms. If you want to file bankruptcy without a lawyer, use a good do-it-yourself book like How to File for Chapter 7 Bankruptcy by Cara O’Neill and Albin Renauer to ensure you make well-informed decisions about your bankruptcy case.

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