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Filing on your own

Fee waiver

A Chapter 7 fee waiver is a court order excusing an individual from paying the Chapter 7 filing fee, available when income is below 150 percent of the poverty line and the person cannot pay the fee in installments. 1 2

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Who qualifies for a Chapter 7 fee waiver?

Both conditions must be met. The court must find that the person's income is less than 150 percent of the official poverty line for a family of that size, a line that is revised every year, and that the person is unable to pay the fee in installments. 1

An individual applies on Official Form 103B, and the clerk must accept a Chapter 7 petition that comes with a completed and signed waiver application. 1 3

It is the court's decision: the law says the court may waive the fee. The court may also waive other court fees for the same debtors. 1

This is separate from the cost of credit counseling and debtor education, where people with household income below 150 percent of the poverty level are presumed to qualify for a free or reduced-fee session. 4

Common questions

What fees are at stake?

The court may waive the Chapter 7 fees, which total $338 as of December 1, 2023: a $245 filing fee, a $78 administrative fee and a $15 trustee surcharge. 2 1

Is there a waiver in Chapter 13?

The waiver described here applies to Chapter 7 cases. In Chapter 13, the fees may be paid in up to four installments with court permission. 1

Does the waiver cover more than the filing fee?

For this purpose the filing fee includes the other fees payable to the clerk when a Chapter 7 case starts, and the court may also waive other fees for the same debtors. 1

Sources

  1. 28 U.S. Code § 1930(f) (Cornell LII)
  2. Chapter 7 - Bankruptcy Basics
  3. Bankruptcy Forms (uscourts.gov)
  4. U.S. Trustee Program: FAQs: Credit Counseling

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