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Application for Waiver of the Chapter 7 Filing Fee

Official Procedure Last Change December 27, 2019

Application for Waiver of the Chapter 7 Filing Fee ("in forma pauperis")

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Waiver of Chapter 7 Filing Fee, Application for

Things to be aware of when filing: This event should only be used to seek a waiver of the initial filing fee for a new chapter 7 case, not for any other fee.

  • 28 USC 1930(f)

  • FRBP 1006

     

General Information

  • The bankruptcy court may waive the chapter 7 filing fee for an individual debtor who:
  1. has income less than 150 percent of the poverty guidelines last published by the United States Department of Health and Human Services (DHHS) applicable to a family of the size involved; and
  2. is unable to pay that fee in installments. The Application for Waiver of Chapter 7 Filing Fee must be filed as a separate event, not included with the Voluntary Petition.
  • If Application is granted, the case will become In Forma Pauperis. This means that for the duration of the case, no filing fees are due for the petition or any subsequent filings (e.g. for Amended Schedules). ”IFP” will display  as a flag at the top of the docket screen to indicate this.
  • If the debtor pays any filing fee while in an In Forma Pauperis status, that payment will be considered a waiver of the right to file the associated document without incurring the filing fee. Therefore, the payment will not be refunded.

  • If an In Forma Pauperis case is converted to Chapter 13, the Chapter 13 filing fee will become due. The Order Converting will fix the deadline for payment.

Filing requirements

  • Official Form B103B must be used.
  • The motion must be signed by the debtor(s). Signature of the debtor's attorney alone is not sufficient.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Waiver of Chapter 7 Filing Fee, Application for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Trustee's objection deadline is calculated and displayed. Click Next.

11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.