Wednesday, November 6, 2013

Paying your bankruptcy Court filing fee AFTER your case is filed.

In Oregon the US Bankruptcy Court allows Debtors who file chapter 7 to pay their $306 filing fee after their case is filed. If a Debtor chooses this option they must file an application along with their petition to allow them to pay the filing fee after filing.

The Oregon Bankruptcy Court has a local form that must be properly completed and filed. The local form can be found here.

As you can see from the form, the Court will set up installment payments to pay off the $306 filing fee. The installment payments must be at least $50 and a debtor can only select to have 3 installments, which are 30, 60 and 90 days after the case is filed.

When my clients opt to pay their chapter 7 filing fee after filing they generally elect to make 3 monthly installment payments of $102 each.  For example, if a debtor files bankruptcy on December 1st, they would need to pay the court $102 by December 30th, $102 by January 29th and the final $102 by February 28th
When this application is filed on behalf of my clients I always advise that it is a good idea to pay off the filing fee before the deadline.  The court will allow a debtor to pay the entire $306 by the first due date for example.  If possible, this is always a good idea so that the Court is paid and there is no danger of the case being dismissed for forgetting to make an installment payment.

For Chapter 13 cases, the filing fee is a total of $281. A debtor must pay at least $125 towards the filing fee at the time the petition is filed. The remaining $156 must be paid to the Court within 45 days of filing. 
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