Skip to main content

L.R. 1006 - Payment of Filing Fees in Installments or Waiver of Filing Fee. A. General Requirements. All applications to pay filing fees in installments must be filed using a form in substantial conformity with Local Form 1. No proposed order should be submitted with the application. Fifty percent of the filing fee must be paid within seven (7) days of the filing of the petition if not paid when the petition is filed. The Court will not grant an application to pay the filing fee in installments if the debtor's attorney has already been paid $300.00 or more at the time the petition is filed or the debtor has paid a petition preparer in connection with the case. Any application for a waiver of the filing fee will be denied if the debtor has paid a petition preparer or attorney in connection with the case. 1. The amount paid when filing the petition and the first installment payment must be at least 50% of the filing fee rounded to the whole dollar. Absent the showing of exceptional circumstances, a total of three installment payments will be allowed by the Order approving installment payments. 2. The second installment payment must be paid on or before sixty (60) days after the date the petition was filed and the third installment payment must be paid on or before ninety (90) days after the date the petition is filed. The second and final installment must equal the balance of the filing fee. 3. If any installment payment under the Order granting the application to pay filing fees in installments is not paid by the due date, the bankruptcy case may be dismissed without further notice or hearing.

B. Waiver of Filing Fee in Chapter 7 Cases. The Court will post on the Court's web site the applicable poverty guidelines to be used in determining whether a debtor qualifies for a fee waiver pursuant to 28 U.S.C. § 1930(f). If an Application to have the Chapter 7 Filing Fee Waived (Official Form 103B) is granted, unless otherwise stated, the order granting the application will waive all filing fees in the case. The order granting the fee waiver application may be vacated if developments in the case demonstrate that waiver of fees was unwarranted. If an application is denied, the debtor will ordinarily be ordered to pay the filing fee in installments pursuant to a payment schedule set out in the Court's order. If the debtor is not eligible to pay fees in installments, the debtor will be ordered to pay the full filing fee within seven (7) days of the order denying the fee waiver application. Failure to timely pay the filing fee will result in the case being dismissed without further notice or hearing.