There can b a variety of costs associated with a bankruptcy filing, some of the fees or costs are mandatory bankruptcy filing fees and some are optional costs such as hiring an attorney to represent the individual filing for bankruptcy.
At the time a petition for bankruptcy is filed, the petitioner is required to pay a bankruptcy filing fee. The bankruptcy filing fees required to file a chapter 7 case total $299.00, the bankruptcy filing fees to file a chapter 13 case total $274.00.
Bankruptcy filing fees for cases under all chapters of the Bankruptcy Code are prescribed in section 1930(a) of title 28. As of August 1, 2009, the filing fees are $245 for a chapter 7 case; $235 for a chapter 13 case. A person filing a bankruptcy case also must pay a $39 administrative fee. In addition, chapter 7 debtors must pay a $15 trustee surcharge. These miscellaneous fees ($39 administrative fee and $15 trustee surcharge) are part of the Bankruptcy Court Miscellaneous Fee Schedule prescribed in accordance with section 1930(b).
These bankruptcy filing fees total $299.00 for chapter 7 bankruptcy cases and $274.00 for chapter 13 bankruptcy cases.
One of the main purposes of bankruptcy law is to give a person, who is burdened with debt, a fresh start by wiping out his or her debts and thus after are made to keep the bankruptcy filing fees reasonable and provide assistance to those who cannot afford the fees.
The district court or the bankruptcy court may waive the filing fee in a case under chapter 7 for an individual, if the court determines that the individual has income less than 150 percent of the income official poverty line for a family the same size as the individual’s family.
Rule 1006 requires that an individual debtor either: (1) pay the bankruptcy filing fee in full when filing the petition, (2) file a completed application to pay the bankruptcy filing fee in installments, or (3) if the debtor files under chapter 7, file an application for waiver of the fee showing that the debtor meets the qualifications for waiver set forth in section 1930(f). The rule limits the number of installments to four, with the final installment due not later than 120 days after the filing of the petition.
The court can extend the time for paying any installment, but the debtor must file a motion explaining the reason an extension is needed. The last installment must be paid not later than 180 days after the filing of the petition.