Am I eligible for a bk fee waiver--my income of 1400 and social security of 11,100 for the past year, to date, totaled 12,500?

Bankruptcy and Debt 7 views 3 answers
I used to earn a good living for many years in sales of enhanced portraits. But by 2014, the market had declined to the point where I only earned 5,000 at the beginning of the year. Subsequently, I lost my job and was unemployed for a year (due mostly to my age)--and only had my social security and a bit of savings to sustain me. A month ago, I secured a job in telemarketing--which is not an adequate supplement to the social security to be able to pay down my debts. Hence, I am reluctantly declaring bankruptcy.

Attorney Answers

3
Michael Schulte ·
Understand that EVERYONE who files for bankruptcy does so because of financial hardships. Thus, even if you are eligible for a waiver, the courts are reluctant to completely waive the fee. In MOST cases, the court (upon a filing of a request for fee waiver) will grant a payment plan. The effort to make the request, attend the hearing, etc., is typically not worth it. Also, if you miss a payment, you risk having your case dismissed. Unless you are crammed on time, try to save up the money and pay it up front, or be able to pay it by the time your case is due to be dismissed for failure to pay.
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William Waters ·
There are several factors that go into the court's decision regarding a fee waiver request, including income and household size. Since your question does not give all of the pertinent facts, it might be easier for you to read the requirements and make your own determination. With or without the fee waiver, it is highly recommended that you consult with a local bankruptcy attorney before trying to file a BK on your own. Most will offer a free initial consultation. Information on the requirements for a fee waiver can be found at the following link, then click on the .pdf file: http://www.cacb.uscourts.gov/forms/application-fee-waiverapplication-pay-filing-fee-installments
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Karen Ware ·
Your eligibility for a waiver of Chapter 7 bankruptcy filing fees will depend on your current income. (You stated you have recently started a new job; it's unclear how much you are earning now.) To qualify for a Chapter 7 bankruptcy filing fee waiver, your current income must be less than 150 percent of the income defined (by the Office of Management and Budget) as the official poverty line for a family the same size as yours. You must also be "unable to pay that fee in installments." 28 USC 1930 (f)(1) Under the procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive the filing fee in a case under chapter 7 of title 11 for an individual if the court determines that such individual has income less than 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved and is unable to pay that fee in installments. For purposes of this paragraph, the term “filing fee” means the filing fee required by subsection (a), or any other fee prescribed by the Judicial Conference under subsections (b) and (c) that is payable to the clerk upon the commencement of a case under chapter 7.
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