How To Get a Bankruptcy Filing Fee Waiver: 3 Simple Steps

You can’t afford the Chapter 7 bankruptcy filing fee. The good news? You may qualify for a complete fee waiver.

The court can waive your filing fee entirely if you meet specific income requirements. You need to take just three straightforward steps to apply.

3 Steps To Get Your Filing Fee Waived

Getting your bankruptcy filing fee waived involves three clear steps. Each step requires attention to detail, but the process is straightforward.

Step 1: Check Your Eligibility

You must meet two requirements to qualify for a fee waiver:

• Your household income falls below 150% of the federal poverty guideline
• You cannot afford to pay the filing fee in installments

Your household includes you, your spouse (if married and living together), and any dependents. You must count your spouse’s income even if they’re not filing bankruptcy with you.

Your monthly household income appears on Line 10 of Schedule I: Your Income. Exclude any non-cash government assistance like food stamps or housing vouchers from this calculation.

Meeting the income requirement alone isn’t enough. You must also demonstrate that paying the fee would create genuine financial hardship.

Many filers who qualify for fee waivers also qualify for free bankruptcy credit counseling using similar criteria.

Step 2: Complete the Application Form

You need to fill out Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B).

The information must match your bankruptcy petition and schedules exactly. Inconsistencies can trigger delays or denials.

Here’s how the fee waiver application corresponds to your bankruptcy forms:

• Items 1-2: Pull from Schedule I and Schedule J (income and expenses)
• Items 6-8: Come from Schedule I and Schedule J
• Items 10-16: Match Schedule A/B (your property)
• Items 17-19: Align with your Statement of Financial Affairs and attorney/preparer disclosure forms
• Item 20: Matches your Voluntary Petition

Don’t fill out page four of the application. The bankruptcy judge completes this section after reviewing your paperwork. You can add your name, district, and case number at the top, but leave everything else blank.

Step 3: File Your Application With Your Bankruptcy Petition

Submit your fee waiver application alongside your complete bankruptcy petition. Depending on your district, you’ll file online, in person, or by mail.

The bankruptcy judge will review your application and take one of three actions:

• Approve the waiver and eliminate your filing fee
• Deny the waiver request
• Schedule a hearing to gather more information

If the judge schedules a hearing, you must attend. The judge may ask about your income, expenses, property, or exemptions. Hearings are rare when applications are complete and accurate.

Want to discuss your options with a professional? You can speak with a bankruptcy attorney for free to ensure you’re taking the right approach.

What Happens If Your Fee Waiver Gets Denied?

The judge may deny your fee waiver request. If this happens, you’ll likely need to pay the full $338 filing fee within 5-10 days, or you can request an installment plan.

If approved for installments, the judge will specify payment amounts and due dates.

Understanding Installment Payment Plans

Can’t pay the full fee upfront? An installment plan might work for you.

Your payment plan must follow these rules:

• Maximum of four total payments (you can propose fewer)
• Each payment must fall on a business day
• All payments must total $338 (the full Chapter 7 filing fee)
• Final payment must occur within 120 days of filing your case

The 120-day deadline starts when you file your bankruptcy petition, not when you request installments. If your waiver was denied, you may need closer payment intervals to meet this deadline.

Some districts have additional local requirements. Check with your local bankruptcy court for specific rules.

You’ll submit your installment payment request using Application to Pay the Filing Fee in Installments (Official Form 103A). Courts generally approve installment requests more readily than complete fee waivers.

Missing an Installment Payment Has Serious Consequences

Missing a payment can derail your entire bankruptcy case. The court can dismiss your case if you don’t pay on time.

If your case gets dismissed:

• You still owe all your debts
• You don’t get refunds for payments already made
• Future bankruptcy filings may not allow installment payments

You cannot pay for other bankruptcy services until your filing fee is paid in full. No attorney fees, petition preparer fees, or credit counseling courses can be paid during this time.

Mark your payment deadlines on your calendar. Set reminders. Your fresh start depends on meeting these obligations.

Key Facts About Bankruptcy Filing Fees

Current Chapter 7 Filing Fees

The Chapter 7 bankruptcy filing fee is $338. No exceptions exist to this amount unless you receive a complete waiver.

Chapter 13 bankruptcy costs more at $313. However, Chapter 13 doesn’t allow fee waivers at all.

Fee Waivers Only Apply to Chapter 7 Cases

You cannot get a fee waiver for Chapter 13 bankruptcy. The law only permits waivers for Chapter 7 cases.

Chapter 13 requires a repayment plan where you pay creditors over three to five years. The court views the filing fee as part of this plan. You can request to pay the Chapter 13 fee in installments, but waiver isn’t an option.

How Judges Evaluate Fee Waiver Applications

Bankruptcy judges review several factors when considering fee waiver requests:

• Your total household income versus the federal poverty guideline
• Your monthly expenses and whether they’re reasonable
• Your assets and whether you could sell anything to pay the fee
• Your ability to reduce expenses temporarily to save for the fee
• Whether you’ve recently made large purchases or payments

Judges look for genuine inability to pay. Recent luxury purchases, significant assets, or high discretionary spending can lead to denials.

Your application must be consistent across all forms. Discrepancies raise red flags and may result in a hearing or denial.

Getting Help With Your Fee Waiver Application

Completing bankruptcy forms correctly matters tremendously. Small errors can delay your case or result in denied fee waivers.

Consider seeking legal assistance if you’re unsure about any part of the process. Many bankruptcy attorneys offer free consultations. Legal aid organizations also provide free help to qualifying individuals.

Your financial fresh start is within reach. Don’t let the filing fee stand in your way when options exist to reduce or eliminate it.