7 Steps to a Fresh Start After Bankruptcy - #4
As with any other court cases, there are certain fees required, such as: Case filing fee (around $245) Miscellaneous administrative fee ($39) Trustee surcharge ($15) Upon filing, you are normally asked to pay these fees to the clerk of court. However, you may ask the court’s permission to pay in installments. (28 U.S.C. 1930(a); Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8). Note that the number of installments is limited only to four. In addition to that, you are also required to make the final installment no later than 120 days after filing the petition (Fed. R. Bankr. P. 1006). The court may, however, extend the time of any installment, provided that cause is shown and that the last installment is paid not later than 180 days after filing the petition (Id.). Payment of these fees is an absolute must. If you fail to do so, it may result in the dismissal of your case (11 U.S.C. 707(a)). But there is an exception to this stringent rule. For instance, 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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