What Happens if I Cannot Afford to Pay the Bankruptcy Filing Fee?

One of the components of filing for bankruptcy is paying the associated filing fee. That being said, there are various scenarios wherein people cannot afford to pay this fee. If you are one of those people, and you are also incapable of paying the fee in installments, you may apply for a waiver of that fee. Please continue reading and reach out to our knowledgeable Rockland County bankruptcy attorney today to learn more about what our firm can do for you.

Will I qualify for a Chapter 7 fee waiver?

There are several people who may qualify for the fee waiver. To qualify, you must file for Chapter 7 bankruptcy, you must not be a business, you must have proof that you are unable to pay the fee in installments in 120 days, and that your combined family income is less than 150% of the poverty line.

How do I apply for a Chapter 7 fee waiver?

The application needed to have this fee waived is known as the Form 103B Application to Have the Chapter 7 Filing Fee Waived. In this application, you will have to state your combined family income, cash on hand, your monthly expenses (bills, etc.), your bank accounts, family size, personal property, and any real estate or property you own. Furthermore, you may have to disclose whether you have filed for bankruptcy within the last eight years, as well as whether you’ve paid an attorney or another party for assistance in your bankruptcy filing.

Will the court grant my Chapter 7 fee waiver?

Whether the court grants your fee waiver is up to several different factors. After you apply with the assistance of an experienced bankruptcy attorney, the court may do one of three things. The first, and of course, the optimal outcome is that the court simply grants you the fee waiver you need. However, the court may also review your application and decide it would like to schedule a hearing that you must attend and state your case, or, in the worst cases, the court could potentially deny you the fee waiver and order that you work on a payment schedule for the fee.

If you have any additional questions concerning your bankruptcy case, please do not hesitate to speak with our knowledgeable, compassionate Rockland County bankruptcy attorney today. Our firm is here to help you through every step of the legal process.

Contact our experienced New York firm

Bankruptcy, for many people, is a frightening endeavor. Fortunately, with the help of an experienced attorney, it does not have to be. If you require the services of an experienced Business Law or Bankruptcy attorney, contact the Law Offices of Allen A. Kolber, Esq. today to schedule a consultation and discuss your options. We will have your back every step of the way.