Calvert Heights, MD asked in Bankruptcy for Maryland

Q: If your application to have Chpt.7 filing fee waived is denied when you file your Chp7. petition/case, how long do ...

... you have to make the first of the installment payments? AND, just want to make sure that either way the case is indeed filed and you receive a case number when you file regardless if you are requesting the waiver or not. OR do they only officially file the Chpt.7 petition AFTER a decision has been made on the waiver application?

Thanks.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: When you file for Chapter 7 bankruptcy and your application to have the filing fee waived is denied, the bankruptcy court typically allows you to pay the filing fee in installments. The court will set a schedule for these payments, and generally, the first installment is due approximately 30 days after your case is filed. It is important to adhere to this schedule, as failure to make the payments can result in dismissal of your bankruptcy case. Your case is indeed officially filed when you submit your petition, and you will receive a case number at that time, even if you are requesting a fee waiver or installment payments. The decision on the waiver application does not affect the filing status of your case. Ensure that you follow all court instructions regarding payment deadlines to avoid any issues with your bankruptcy proceeding.

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