HOW CHAPTER 7
The courts must charge a $245 case filing
fee, a $39 miscellaneous administrative fee, and a $15 trustee
surcharge. Normally, the fees must be paid to the clerk of the
court upon filing. With the court’s permission, however,
individual debtors may pay in installments. 28 U.S.C. § 1930(a);
Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee
Schedule, Item 8. The number of installments is limited to four,
and the debtor must make the final installment no later than 120
days after filing the petition. Fed. R. Bankr. P. 1006. For cause
shown, the court may extend the time of any installment, provided
that the last installment is paid not later than 180 days after
filing the petition. Id. The debtor may also pay the $39
administrative fee and the $15 trustee surcharge in installments.
If a joint petition is filed, only one filing fee, one
administrative fee, and one trustee surcharge are charged. Debtors
should be aware that failure to pay these fees may result in
dismissal of the case. 11 U.S.C. § 707(a).
If the debtor’s income is less than 150%
of the poverty level (as defined in the Bankruptcy Code), and the
debtor is unable to pay the chapter 7 fees even in installments,
the court may waive the requirement that the fees be paid. 28
U.S.C. § 1930(f).