Consumer Bankruptcy Filing Fees Text Size:

At the time a petition for bankruptcy is filed, the petitioner, usually the debtor, is required to pay a filing fee.

Filing a Chapter 7 Case

A chapter 7 case is begun by a petition, which may be filed voluntarily by a debtor or a husband and wife jointly, or may be filed by creditors seeking an involuntary bankruptcy case. The petition must be accompanied by the filing fee of $299, an application to pay the fee in installments or, an application to waive the filing fee. This filing fee applies to all cases filed on or after April 9, 2006.

This fee actually consists of a filing fee of $245 (28 U.S.C. § 1930(a)), supplemental fees of $39 for certain notices and $15 for compensation to the trustee who oversees the administration of a case (28 U.S.C. § 1930(b)).

Filing a Chapter 13 Case

A chapter 13 case is begun with a petition, which may be filed voluntarily by a debtor or a husband and wife jointly. Chapter 13 is a purely voluntary chapter so creditors may not file an involuntary chapter 13 petition. The petition must be accompanied by the filing fee of $274 or an application to pay the fee in installments. This filing fee applies to all cases filed on or after April 9, 2006.

This fee actually consists of a filing fee of $235 (28 U.S.C.S. § 1930(a)), and a supplemental fee of $39 for sending notices (28 U.S.C.S. § 1930(b)). With a chapter 13, compensation of trustee comes solely from a percentage of the funds disbursed under the reorganization plan.

Installment Payment

If the filing fee is not paid in full at the time of filing, the debtor must file an application to pay in installments or, if appropriate, an application for waiver of the chapter 7 filing fee (28 U.S.C.S. § 1930(a)). In a chapter 13 case, an application to pay the fee in installments may also be accompanied by an application for waiver of a portion of the filing fees.

Waiver of Filing Fee

Prior to the amendments of 2005, a person filing a volunteer petition for bankruptcy was required to pay the filing fee. Under the 2005 amendments, the district court or the bankruptcy court may waive the filing fee in a case under chapter 7 for an individual, if the court determines that the individual has income less than 150 percent of the income official poverty line for a family the same size as the individual's family.

Reopening Fees

If a debtor seeks to reopen a case after it has been closed, the filing fee is:

• $200 for a chapter 7 case
• $150 for a chapter 13 case

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