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Payment of Filing Fee in Full
By Individual(s) Filing for Bankruptcy -- The filing fee commencing a bankruptcy case shall be paid in exact cash, money order or cashier's check made payable to "Clerk, US Bankruptcy Court." Payment by Debtor's personal check or credit card is not accepted.
Non-Debtor's, including Attorneys (non ECF Filers) -- In addition to payment in cash, cashier's check or money order, non-debtors may also pay by check, credit or debit card or by ACH transactions.
Attorney ECF Filers -- Payment is required by either credit or debit card or ACH transactions.
Fee amount change from time to time; click here for the most recent fee schedules.
Application to Pay in Installments
If you cannot afford to pay the entire filing fee at the time of the initial case filing, you may file an Application to Pay the Fee in Installments.
In most instances, Applications to Pay in Installments are granted without a hearing and the Clerk’s office will set a payment schedule for you.* Payment are typically divided into four equal installments with the first one due within 30 days. Failure to comply with the payment terms contained in the Order granting the Application to Pay in Installments can result in dismissal.
A debtor may not make any additional payment or transfer any additional property to an attorney or any other preparer for services in connection with this case until the filing fee is paid in full.
*If the debtor's filing fee from a previous bankruptcy case was not paid in full, the current application will be denied and the full filing fee will be due immediately.
Waiver of Filing Fee (Chapter 7 Only)
In Chapter 7 cases only, for individuals who cannot afford to pay the filing fee in full or in installments, and who demonstrate that they meet the required proverty guidelines, there is an application process to obtain a waiver of the Chapter 7 filing fee known as proceeding In Forma Pauperis.
Application: If you cannont afford to pay the filing fee, even in installments, you may request a waiver of the filing fee by completing the Application for Waiver of Chapter 7 Fee and filing it with the Court. The bankruptcy Judge will decide if you meet the statutory requirements to have the full filing fee waived.
Poverty Guideline Requirement: In order to be considered for a waiver of the filing fee, the individual must demonstrate that they have income less than 150% of the poverty guidelines applicable to their family size and are unable to pay in installments. The Court will aslo take into consideration the totality of the circumstances including source of income and payment to other professionals. Click here to access the most current proverty guidelines.
Granting the Application: If the Application is granted, the fee will be waived for the case filing fee as well as any future related filing fees which may arise (i.e., Amendment to Schedules). Should the Application be denied, an installment payment schedule will be set automatically.
If the Application to Waive Filing Fee is not filed with the initial case filing, the Court will issue a Deficiency Notice of Missing Documents requiring the filer to either pay the full filing fee, file an Application for Payment by Installments or if a Chapter 7 case, or an Application to Waive Filing Fee.
Defective Applications to Waive Filing Fee
Applications to Waive the Filing Fee that are deficient for any reason (incorrect form, missing signatures, incomplete sections) will be Denied and an installment schedule will be set automatically.
Additional Information - Case Conversion
- If the filing fee of an individual Chapter 7 debtor is waived and the debtor's case is later converted to a case under Chapter 13, the debtor must pay the full Chapter 13 filing fee.
- If a case is converted from Chapter 13 to Chapter 7, the Court may waive (upon application) any unpaid balance on the filing fee if the debtor meets the standard of eligibility.
- If a debtor files an Application to Pay the Filing Fee in Installments and later files an Application to Waive Filing Fee, the Court may waive any unpaid balance of the filing fee, but the Court will not refund any fee already paid.