A Payment Plan or Applying for a Waiver of the Bankruptcy Filing Fees

Welcome to my video series, where I review each section of the bankruptcy petition. Today, I’m focusing on a common question: “How much does it cost to file for bankruptcy?” It’s important to differentiate between “fees” and “costs.” Here, I’m specifically addressing the filing fees. My aim is to highlight the key issues rather than detailing how to complete the form, which is straightforward.

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Payment Plans with the Bankruptcy Filing Fees

You can pay the filing fee in installments. See Official Form 103A (Application for Individuals to Pay the Filing Fee in Installments).

When filling out the form, ensure you select the correct district to avoid complications. The form is a simple, one-page document where you propose your payment amounts. However, I have a significant concern with this approach. Imagine going through all the paperwork to stop a wage garnishment, foreclosure, or car repossession, only for your installment application to be denied. This leaves you scrambling to find the full amount last minute.

While it’s easy to suggest borrowing money, I believe the safest route is to pay the filing fee in full at once. Currently, the Chapter 7 bankruptcy filing fee is around $338. The Chapter 13 bankruptcy filing fee is $313.

*Correction. In the video, I stated $335.

If it’s an emergency, borrowing from a friend is an option, but remember not to list them as a creditor in your petition. So it should be a gift. I find it risky to rely on installment payments, even though some lawyers do. Courts sometimes reason, “If you can afford a lawyer, you can afford the filing fees,” even though legal fees are typically much higher.

Of course, if there’s truly no other option, then proceed with the installment application. My primary concern is the time constraint it introduces.

There’s another form for waiving filing fees entirely. Again, if you’re filing with a lawyer, I generally don’t recommend this. My concern remains the same: if the judge denies the waiver, your case could be dismissed.

The court may consider your assets when deciding if you can afford the fee. If your case is dismissed, can you quickly come up with the money? Typically, you have ample time to prepare for bankruptcy; even with a car repossession, you usually know it’s coming.

My main worry is the court’s discretion. Similar to credit counseling courses, where a waiver can be sought or more time to complete the course, but the judge can deny your application, forcing you to act quickly. My advice is to take the time and ensure everything is in order.

The court will assess your eligibility for a fee waiver based on whether your income is 150% below the federal poverty guidelines. You’ll need to provide detailed information about your income and any government assistance.

Be cautious if you have a personal injury case or car accident claim, as these assets might become part of the bankruptcy estate and could be considered by the court. The form itself is straightforward, asking about your expenses and income to determine your qualification.

This process reminds me of criminal court, where judges scrutinize an individual’s finances when they request a public defender, asking about savings, jewelry, and other assets. While similar information is typically included in a bankruptcy petition, sometimes people file a “bare bones” petition when they are short on time just to be able to take advantage of the automatic stay. Ensure all information on these forms matches what’s in your main bankruptcy petition to avoid issues with the trustee.

• Filing a Bare-Bones Bankruptcy Petition Quickly

So, those are the two forms to consider: paying filing fees in installments or waiving them if you’re 150% below federal poverty guidelines. See Application to Waive the Chapter 7 Filing Fee, Official Form 103B.

The forms also address previous bankruptcy filings, not just due to the eight-year waiting period between filings, but also concerning “good faith.” Courts frequently deny bankruptcy petitions if there’s a pattern of repeated filings to halt foreclosures or car repossessions by abusing the automatic stay.

If you’re seeking a waiver, don’t just do it on instinct because you’re in bankruptcy and assume you can’t afford the fees. Go through the numbers and confirm if you can indeed pay. My strong recommendation is to pay the full fee upfront if possible. And no, you shouldn’t use your credit cards for this; ideally, you should have stopped using them about 90 days before filing for bankruptcy.

These forms are filed with the clerk’s office, and the court can still deny installment requests or waivers, potentially ordering you to pay in full. Always check the Clerk of Court’s website and the judge’s specific guidelines, as practices vary. Some judges automatically schedule hearings for certain matters, like reaffirmation agreements, while others don’t. It’s crucial to be aware of these policies to avoid complications.

You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.

Good luck with your bankruptcy case!

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Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link. You can also listen to my podcast on Spotify.

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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.

Updated on August 30, 2025.