Request a Bankruptcy Fee Waiver

As of the writing of this article, the U.S. Bankruptcy Court requires a filing fee of $335 to file a Chapter 7 bankruptcy petition. (Yes, it costs money to be bankrupt.) If your monthly income is less than a certain level, you may qualify to have this fee waived completely, or to pay it in installments. You need to get the proper official bankruptcy form to apply, complete the form and submit it to the Bankruptcy Court in order to waive the fee.

Steps

Getting the Fee Waiver Application

1. Download the application fee online. If you have access to the Internet, you can get the official form that you need at www.uscourts.gov. From that home page, select the link to “Services and Forms,” then “Bankruptcy,” and then “Chapter 7 Fee Waiver.” You will be redirected to a page to download the official form that you need.
2. Work with an attorney or bankruptcy service provider. You do not need to hire an attorney completely in order to get some assistance with the forms. If you meet with an attorney or a bankruptcy preparer, you can get a copy of the paperwork that you need. You may be able to get some assistance with completing the forms as well, even though you plan to go through the bankruptcy process on your own.
3. Check with your local Bankruptcy Court for local forms. In addition to the official forms that are consistent across the country, each local Bankruptcy Court may require local forms that are specifically designed for its own purposes. You need to contact the clerk’s office at your local Bankruptcy Court or check their website to find out if any such local forms apply to you.
   • You can look up the telephone number for the clerk’s office for the U.S. Bankruptcy Court in the area where you live. Call the clerk’s office and ask the person who answers, “I am trying to find out if you have any local form requirements, in particular if there are any local forms related to applying for a waiver of the filing fee. If you have any locally required forms, can you mail me a copy or do I need to come pick it up?”

Measuring Your Qualification for a Fee Waiver

1. Determine your family’s total monthly income. The standard for determining your application for a fee waiver is whether your family’s monthly income is greater than 150% (one and a half times) the poverty standard in your state. When you consider your monthly income, you must include all of the following:
   • monthly paycheck for yourself
   • monthly paycheck for your spouse, if married. Even if you are filing bankruptcy alone, you must include your spouse’s income. You will only leave out your spouse’s income if you are separated, not living together, and not filing a joint bankruptcy case.
   • non-cash governmental assistance, such as food stamps or housing subsidies
2. Consider other assets that you own. The official regulation for considering the fee waiver application only refers to your monthly income. Therefore, if you are currently not earning a living wage (less than the established poverty standard, for example), the court is not required to consider any other assets you might own. However, you will be required to report other assets, and the court could consider those assets in making its decision.
   • For example, as part of your fee waiver application, you are required to report any cash you may have on hand or in bank accounts. If your bank accounts show an adequate balance, the court may decide to deny your application.
3. Think about any future changes that you may expect. The application fee asks if you expect your income to change significantly, by more than 10%, within the next six months. If you expect a change, then the court is likely to take that into account in ruling on your application for a waiver.
   • For example, if you are currently unemployed as of the date that you are filing bankruptcy, but you have just been accepted to a new position that will start in two weeks, you will need to report that information. The court will likely consider that and require you to pay at least some, if not all, of the bankruptcy filing fee.
4. Compare your income to the established poverty level. The court uses a scale, established by the U.S. Department of Health and Human Services as part of the 1981 Omnibus Budget Reconciliation Act, to measure its definition of “poverty.” The scale is available at http://www.uscourts.gov/rules-policies/judiciary-policies/bankruptcy-case-policies. The chart lists the value that is 150% of the poverty standard, based on the number of people living in the household. The value increases as the number of family members increases.
   • For example, if you live alone and are filing bankruptcy, your income monthly income would need to be less than $1,485 to qualify for a fee waiver.
   • If you have a family of four, for example, your monthly income would need to be less than $3,037.50 to qualify for a fee waiver.
   • The poverty lines are reported differently for Hawaii and Alaska. In Hawaii, the limit for a single individual is $1,708.75, and in Alaska it is $1, 855.

Completing and Submitting your Fee Waiver Application

1. Print the application form or complete it online. The fee waiver application form is available as a fill-in document at http://www.uscourts.gov/forms/bankruptcy-forms. In the list of documents on that page, find Form B 103B, “Application to Have the Chapter 7 Filing Fee Waived.” Selecting that item from the list will open the form in a new window. You may then download the form and choose either to print it and complete it on paper or type your responses directly into the form on your computer and then print the completed form. Either is acceptable.
   • If you choose to print the form and complete it on paper, be sure to use ink and fill in all your responses as neatly as possible.
2. Fill in the application form completely. You must answer every question on the application form. If you omit any information, the court may not rule on your application. It could be denied or could be returned to you for completion, which would just delay your case.
3. Use the Official Instructions to answer any questions you may have. At the same page where you downloaded the application form, you will find a link to print the Form Instructions. The instructions are provided to answer any questions that are likely to arise as you are completing the application form. It would be a good idea to read through the instructions before beginning, and then use it as a reference as you proceed.
4. File your completed application for fee waiver. Your completed application for fee waiver will be filed in the clerk’s office of the Bankruptcy Court, where you file your complete bankruptcy petition and schedules. You should check the local rules of your Bankruptcy Court, or call the clerk’s office to ask, to find out any particular requirements related to filing this application.
   • For example, your local Bankruptcy Court may require filing additional copies of the form, may require a particular cover letter format, or some other local rule. Check ahead of time, to avoid wasting your efforts.

Receiving and Understanding the Court’s Decision

1. Proceed with your case if the court grants your application. The court may review your application and decide to grant your application. If this happens, then you are free to proceed with your bankruptcy case, without paying the filing fee at all.
2. Be prepared to pay your fee in installments. The court could deny your application to waive the filing fee. If this is the court’s decision, the court will prescribe a schedule for you to pay the filing fee in installments. The court will generally order payment over four equally spaced installments.
   • A denial may also include a reduction of the filing fee. In ordering installment payments, the court could reduce the total amount of the fee. For example, a denial could order you to pay four installments of $50, for a total fee of $200, rather than the original filing fee of $335.
   • If you wish to propose an alternative series of installment payments, you may do so. You will need to use Official Form 103A, “Application for Individuals to Pay Filing Fee in Installments.” The court will then consider that application separately.
3. Attend a hearing, if scheduled. The court may take no initial action on your application, but might schedule a hearing to consider it. If you get a notice of a hearing, you will need to attend and be prepared to answer any questions that the judge may have. If you have an attorney, you will be allowed to have that attorney attend the hearing with you to help address the court’s questions.
   • A hearing does not necessarily indicate that the court will or will not approve your application. It generally means that the judge had some question about information on your application that might need further explanation.
   • For example, one question on the application form asks you to explain any special circumstances that are preventing you from making the fee payment. Based on your answer to this question (or any others), the judge may wish to hear from you in person to get a better understanding.
4. Complete all fee payments before paying your attorney. If the court denies your application for a complete fee waiver, you must make all filing fee payments before you make any more payments to your attorney for your bankruptcy case. You must also complete all payments before the court will order your discharge.

Tips

1. You are allowed to hire an attorney, and pay the attorney, and still request a waiver of the filing fee. The court will consider the “totality of the circumstances” in ruling on your application. A prior rule, before 2008, ordered that you may not qualify for a fee waiver if you had paid an attorney for legal services, that that law no longer applies.

Sources and Citations

See also

• Protect Your Job when Filing for Bankruptcy
• Buy a Car After Bankruptcy
• File for Chapter 13 Bankruptcy
• File for Chapter 7 Bankruptcy
• File Chapter 7 Bankruptcy Without a Lawyer
• File Bankruptcy in the United States
• Reapply for a Mortgage After Bankruptcy
• Buy a Car While in Bankruptcy
• Rebuild Credit After Bankruptcy
• Buy a Home After Filing Bankruptcy

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What links here

• File Bankruptcy in the United States
• File Chapter 7 Bankruptcy Without a Lawyer
• File for Chapter 7 Bankruptcy