Bankruptcy Filing
Fees -
effective April 9, 2006
|
|
Chapter |
Total Fees Collected at Time
of Filing
|
|
7 |
$299 |
|
11 |
$1,039 |
|
12 |
$239 |
|
13 |
$274 |
|
The courts must charge a
$245 case filing fee, a $39 miscellaneous
administrative fee, and a $15 trustee
surcharge. Normally, the fees must be paid
to the clerk of the court upon filing. With
the court's permission, however, individual
debtors may pay in installments. 28 U.S.C. §
1930(a); Fed. R. Bankr. P. 1006(b);
Bankruptcy Court Miscellaneous Fee Schedule,
Item 8. The number of installments is
limited to four, and the debtor must make
the final installment no later than 120 days
after filing the petition. Fed. R. Bankr. P.
1006. For cause shown, the court may extend
the time of any installment, provided that
the last installment is paid not later than
180 days after filing the petition. Id.
The debtor may also pay the $39
administrative fee and the $15 trustee
surcharge in installments. If a joint
petition is filed, only one filing fee, one
administrative fee, and one trustee
surcharge are charged. Debtors should be
aware that failure to pay these fees may
result in dismissal of the case. 11 U.S.C. §
707(a).
If the debtor's income is
less than 150% of the poverty level (as
defined in the Bankruptcy Code), and the
debtor is unable to pay the chapter 7 fees
even in installments, the court may waive
the requirement that the fees be paid. 28
U.S.C. § 1930(f).
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