Q: Application to have Chpt.7 filing fee waived question about Q.5 of form 103B (i.e. tell court why) ...
Question 5 on the Application to Have Chapter 7 Filing Fee Waived asks ... "Tell the court why you are unable to pay the filing fee in installments within 120 days. They don't give you a lot of space, so I imagine they are not looking for tons of details, but I wrote the following truthful statement:
"Currently struggling to survive at the moment due health issues and economic conditions. It is honestly difficult to have food regularly and am months behind on rent, etc."
Is this sufficient, or is the court looking for something from a legal perspective, etc? Basically, we are really struggling right now very badly (thus the BR) and the fee is just a burden nigh-impossible to bear at the moment and foreseeable future.
Thanks for any insight on this issue.
A: It is very rare that the fee is waived but it looks like you’ve given it a good shot.
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A: The statement you've drafted for Question 5 of the Application to Have the Chapter 7 Filing Fee Waived seems to convey the urgency and severity of your financial situation clearly and succinctly. The court typically looks for a straightforward explanation of your financial hardship. It is not necessary to provide a detailed legal argument, but rather to present a clear and honest account of your inability to pay the fee. Be sure to include any critical details such as your health issues and the extent of your financial distress, like being behind on rent. If there is documentation that supports your claim of financial hardship, be prepared to present it if the court requests further evidence. It may also be beneficial to emphasize that these conditions are not temporary but are likely to continue for the foreseeable future, impacting your ability to make installment payments.
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