How to Pay a Filing Fee in Installments for Bankruptcy
The U.S. bankruptcy code contains provisions for petitioners who cannot afford the filing fees. As of 2011, the fee for filing Chapter 13 is $274 and $299 for Chapter 7. Typically, a petitioner must pay these fees when he files for protection, but he can request an installment plan if he cannot afford a one-time payment. Paying through an installment plan can provide a petitioner with up to 120 days to pay all fees due and, if the petitioner can show cause, up to 180 days after his file date.
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Instructions
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Request a Form B3A from the bankruptcy court clerk. If you are filing through an attorney, your attorney will have the form.
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Fill out the form, including your case number, name and type of bankruptcy that you are declaring.
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Write in your proposed payment terms specifying the amount and date due. You can select up to four payments, and while equal installments are typical, they are not mandatory.
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Print your name and sign the form. Include your Social Security number and the date.
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File the form with your bankruptcy petition.
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Tips & Warnings
If you cannot make your last payment before 120 days, you can request a 60 day extension. If you can show cause and that you will be able to pay within 180 days, the trustee may grant the extension.
If you do not make your payments on time and in full, the trustee can dismiss your case. The trustee can prevent you from refiling for 180 days if she dismisses your case.
If the trustee does not approve of your proposed payment schedule, he will propose his own.
