BK filing fee?

[momof3b1g]

I think the filing fee is $299, but didn't someone say that you can file free if your income is under a certain amount? What would that be and do i need to do this through my lawyer or the courts?

[jq26]

I think you would need to be under 150% of the state poverty line. You have to fill out an application and submit to the court along with schedule I, J, and statement of financial affairs. They'll either approve or deny. At least in my district, if you have more than one phone line, give to charity/church, or have anything but basic cable (one judge denies if you have any cable), then your application is denied. They have to be tight because of the fee structure. The trustee receives $60 per no asset Chap 7 case. When you receive a court waiver of fees, the trustee is working for free. Note that the trustee is not salaried.

The theory is if you choose to spend on these things, you're still entitled to a bankruptcy (assuming you are qualified), but the court and the trustee will not subsidize your choice to tithe, have a cellphone, or have the privilege of ESPN.

[MJBurlison]

I filed without a lawyer and my filing fee was waived. We had to meet income guidelines but I guess it wasn't a problem, because I never heard anything from them about it and our bk has been discharged since Aug.

Ask your lawyer about it, and good luck!

[jq26]

From federal court website:

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).