Q: If you file a fee waiver or installment app. for a Chpt7., does that delay the filing of the petition?

A: Filing an application for a fee waiver or, in the alternative, installment payments will not delay the filing of your bankruptcy petition. At least where I'm located (Central District of California), the clerk will review your petition to make sure it's complete, then forward the application of the duty judge for review. It usually doesn't take more than a couple of hours (depending on the Court's calendar) for the judge to sign an order granting or denying the application. If the Court orders installments, it will fill in the amount for each payment. In my District, I recommend that you come to Court with a Postal Money Order (issued by the U.S. Post Office, not anyone else), or a bank cashiers check, payable to the U.S. Bankruptcy Court, in the amount of $138.00 (usual first payment). If the Court grants the fee waiver, take the check back to where you bought and get a refund. If the Court denies the application, you will need to bring a Postal money order or cashiers check for the full amount and the petition will not be filed until you do.

A: Filing an application for a fee waiver or to pay the filing fee in installments does not delay the filing of the Chapter 7 petition itself. The petition is considered filed when the documents are submitted to the bankruptcy court, even if the fee has not been paid. The court will then consider the application for the fee waiver or the installment payments separately. If you are paying in installments, you must make the first payment at the time of filing, but the amount of the initial payment can sometimes be less than the subsequent payments. The exact distribution of the installment payments, after the initial payment, can typically be proposed in your application, but the court must approve your payment plan. It is important to follow the local court rules regarding the minimum initial payment and the installment plan. If the application for installments is denied, you will be required to pay the full fee within a specified period.