Application Fee Waiver Hearing

[jonathan]

Hi Everyone!

Recently I filed Chapter 7 without an attorney. When I filed I filled out forms to apply for the court fee waiver. Today, I was going to through my mail and got a notice that there will be a hearing. Is this hearing something I need to show up to, and, if so, what should I bring? I was under the impression that the decision was based upon the information contained within the paperwork that has already been filed. If that's the case, would it even be beneficial for me to be present during the hearing?

I am hoping this is something I can skip as I am quite intimidated of the courthouse and this whole process in general.

Thanks!

[MSbklawyer]

Hi Everyone!

Today, I was going to through my mail and got a notice that there will be a hearing. Is this hearing something I need to show up to,

Most certainly. And judges are notorious for their lack of a sense of humor when movants fail to appear. So be sure to be there.

and, if so, what should I bring?

Evidence of your income and expenses and household size. Evidence of the value of any property you own.

I am hoping this is something I can skip as I am quite intimidated of the courthouse and this whole process in general.

Everyone is their first time. But you get over it.

You have to be less than 150% of poverty level to waive the fee entirely. If you are above that, but cannot afford to pay the fee all at one time, you will have to set up an installment schedule.

[justbroke]

You absolutely need to show up! This is when the Judge determines whether you are exempt from paying the filing fees. Sometimes, they don't hold a hearing, but it could just be local rule that requires a hearing.

Be prepared to answer questions about your job, lack of job, income, etc. The Judge will determine whether you have to pay the fees or not. If you don't show up, they'll probably enter an order denying your application.

[MSbklawyer]

You absolutely need to show up! This is when the Judge determines whether you are exempt from paying the filing fees. Sometimes, they don't hold a hearing, but it could just be local rule that requires a hearing.

Be prepared to answer questions about your job, lack of job, income, etc. The Judge will determine whether you have to pay the fees or not. If you don't show up, they'll probably enter an order denying your application.

Closely followd by dismissal if you don't make satisfactory arrangements to pay them in full or at least in installments.

[MSbklawyer]

I would suggest that a couple of days before the hearing, you familiarize yourself with the standards for granting fee waivers. In fact, know so much about those standards that the judge could not help but be damn impressed. Then tell him something like: "I aways wanted to work as a law clerk to a bankruptcy judge. Oh, I just remembered, I have copy of my resume in by briefcase. May I approach, your honor?" Then slip him that resume.

Never know what it might lead to.

[jonathan]

Thanks. I appreciate your help.

[indy4192]

eli4625

What did you submit to request the fee to be wavied. I am considering it, but I am not below the 150%, but presently I only bring home $1280 a month of which $585 goes to rent, $100 for gas/electric, $45 car insurance, $45 TV, $30 water and $50 for student loan. That only leaves me about $425 a month to live on for food, gas and such. I am also spending about $100 a month right now on repairs on the used car I bought, so I am considering seeking to have the fee wavied. So I was just wondering besides filling out the form, what other items did you include?

[justbroke]

What did you submit to request the fee to be wavied.

It's a standard (official) form and you can find it on the U.S. Bankruptcy Court's main site under Official Forms.

I am considering it, but I am not below the 150%, but presently I only bring home $1280 a month of which $585 goes to rent, $100 for gas/electric, $45 car insurance, $45 TV, $30 water and $50 for student loan. That only leaves me about $425 a month to live on for food, gas and such. I am also spending about $100 a month right now on repairs on the used car I bought, so I am considering seeking to have the fee wavied. So I was just wondering besides filling out the form, what other items did you include?

From what I know, the Court doesn't care what you spend and how that's eating up your money. The Court cares more about the 150% limit.

You will be able to pay in installments (4 installments). You can file and then make 4 payments of about $75 each. The clerk sets the dates, and you have 120 days to make the final payment (unless the Court extends it upon request).

[Annie4]

my experience...hope it helps

http://www.bkforum.com/showthread.php?t=43904&highlight=pauperis

I hope that link works, this is my recent experience, went very well for us, good luck!

[jonathan]

Hi,

Yes, it was a standard form that you fill out. I'm sure you will be able to find it online, but, if not, I would be surprised if you couldn't get a copy of the from the courthouse when you drop off you paperwork... it only takes a minute to fill out.

Good Luck!

[anykey]

Do they wave chapter 13 file fee? I see the 7.

[justbroke]

Do they wave chapter 13 file fee? I see the 7.

You can't waive a Chapter 13 filing fee, since it's a wage earner's program, and suggests that you actually have regular income.

You can, however, pay the Chapter 13 filing fee in installments upon application to the Court.

[anykey]

You can't waive a Chapter 13 filing fee, since it's a wage earner's program, and suggests that you actually have regular income.

You can, however, pay the Chapter 13 filing fee in installments upon application to the Court.

I am trying to delay a credit card from getting a judgment. They filed a civil lawsuit in PA. I have 20 days to do something.

I wonder if I ask for validation of the debt?

I dont want them to take my house. Unsecured credit card. My mortgage payments are all up to date.

[jonathan]

I dont want them to take my house. Unsecured credit card. My mortgage payments are all up to date.

I was under the impression that since unsecured credit isn't attached to anything in particular the issuer would be unable to do anything beyond wage garnishment or possibly place a lien on your property. I don't think that they would be able to take your house.

[justbroke]

I was under the impression that since unsecured credit isn't attached to anything in particular the issuer would be unable to do anything beyond wage garnishment or possibly place a lien on your property. I don't think that they would be able to take your house.

it depends on what State you live in!