Thursday, July 5, 2012

Paying the Bankruptcy Filing Fee in an Oregon Chapter 7 and Chapter 13

Currently, the Court filing fee is $306 for an Oregon Chapter 7 and $281 for an Oregon chapter 13.  The filing fee is paid to the Court and is in addition to any attorney fees that you may pay to an attorney to represent you.

Although all pre-filing attorney fees must generally be paid in full to the attorney before the case can be filed the Court will allow you to pay all of your chapter 7 filing fee and a portion of your chapter 13 filing fee to the Court AFTER your case is filed.

In Chapter 13 the Court requires a minimum fee of $125 to be paid upon filing.  The remaining $156 must be paid to the Court within 45 days from the filing date.

In Chapter 7 the Court does not require any of the filing fee to be paid when the case is filed. The $306 must be paid within 90 days from the filing date. The Court allows debtors to make monthly installments of at least $50 towards the fees. For example, if you filed the case and didn't pay any of the chapter 7 fees, you could pay $50 in 30 days, another $50 in 30 more days, and the balance of $206 on the 90th day.  Most of my clients who choose to pay the Court their filing fee after filing send in equal payments of $102 every 30 days.

If a Debtor in an Oregon chapter 7 or 13 chooses to pay the filing fees in installments a motion/application must be filed with their case that states how much and when they will pay the Court their filing fee balance.

I usually encourage my clients to pay their filing fees before their case is filed because if they miss a filing fee installment payment to the Court, even by a day, their case will be automatically dismissed. Although a case can normally be reopened to correct the missed payment, it can be very expensive to do so.

For more Oregon and Washington bankruptcy information feel free to visit our website.