Am I Eligible for a Waiver of the Chapter 7 Filing Fee
Many may wonder am I eligible for a waiver of the chapter 7 filing fee especially when it pertains to a bankruptcy situation due to a bad credit obtained overtime causing you to go to such an extreme measure. Bankruptcy is a difficult experience even without the trouble of gathering the necessary paperwork and money associated with filing for a Chapter 7 bankruptcy. Unfortunately, filing for Chapter 7 bankruptcy does cost money. Fortunately, if you qualify to make a Chapter 7 filing, you may apply to receive a waiver from the filing fee requirement in order to go forward with the bankruptcy proceedings within the court system.
The standard fee for filing Chapter 7 bankruptcy is $299.00. If you are unable to pay the filing fee, speak with your bankruptcy lawyer about the possibility of filing a waiver for the chapter 7 bankruptcy proceedings that the court will require in order to be considered.
Determining Chapter 7 Bankruptcy Eligibility
When determining the chapter 7 bankruptcy eligibility requirements, certain matters need to be looked at prior to proceeding in the court system. First, in order to apply for a waiver for Chapter 7 bankruptcy, you must make sure all of your legal and financial forms are included along with your initial bankruptcy paperwork. If any of your forms are inaccurate, incomplete, illegible or defective, the court will delay their ruling until they have proper documentation thus delaying your chapter 7 bankruptcy proceedings. Falsifying any financial information for any of these forms can result in you being accused of bankruptcy fraud and therefore chapter 7 will be the least of your worries due to the legal matters you will incur. When the court receives your paperwork, court workers will begin processing your bankruptcy filing and will act on the forms and in this case it will be chapter 7 bankruptcy.
In order to be eligible for chapter 7 bankruptcy, your household income must be 150% lower than the published poverty guidelines for a family of your size. You must also prove that you are unable to pay the fee in installments based on your debt to income ratio and too the amount of household bills that you have. If you are receiving public assistance (such as energy assistance), the income from the program you are on can not be counted as income. Keep in mind that submitting a waiver form may also cause the bankruptcy courts to single you out for additional lines of questioning from the court, if the questioning can help determine your overall chapter 7 bankruptcy waiver eligibility.
Ultimately, your eligibility for the chapter 7 waiver is decided by the court. While there are guidelines on the waiver application, the judge makes case by case decisions.
Your Rights When Applying for a Chapter 7 Waiver
The court is required to make a “swift decision” on the chapter 7 waiver application. If you are told to pay the filing fee, the court must allow you ten days to make payment arrangements in order to proceed with the bankruptcy proceedings. If you already have an installment plan but find yourself unable to continue these installment payments , you can submit a chapter 7 waiver request even though your bankruptcy proceedings have already begun. This also applies if your case is changed from Chapter 13bankruptcy to Chapter 7 bankruptcy.
Chapter 7 Bankruptcy Waiver Procedures
You will find bankruptcy documents at the U.S. Bankruptcy Courts’ Web site. Chapter 7 bankruptcy explanations are given for the associate fees as well as a PDF version of the waiver form are available on the web site as well. Likewise, you can get a copy of the chapter 7 bankruptcy waiver application from your local court or your bankruptcy law expert .
The bankruptcy waiver form itself (known as form 3B) asks for basic personal information, your total monthly income, expected pay raises if any, a list of your personal property, your assets, debts (outstanding to you), previous bankruptcies (chapter 13 or chapter 7), present attorney fees , and a signed statement attesting to the fact that you are unable to pay the bankruptcy filing fee. Your bankruptcy attorney may also sign the form to signify that they have reviewed and agree with your personal financial situation.
Some states require separate or different bankruptcy forms so make sure to look at your individual state for the appropriate forms. For a complete list of exceptions, consult form 3B.
Are There other Options?
If you are not eligible for the chapter 7 bankruptcy fee to be waived , your Minneapolis bankruptcy lawyer will work directly with the court to establish a payment arrangement so if you live in Minnesota this will help you out the most. The court may permit you to make payments in smaller monthly payment so always know there are many options to seek out especially when you are considering any sort of bankruptcy option. Now if the question Am I Eligible for a Waiver of the Chapter 7 filing fee when thinking about a bankruptcy situation, you will have a better heads up regarding this matter.
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