FEES - RESTRICTIONS ON DEBTORS; INSTALLMENT PAYMENTS;

U.S. Bankruptcy Court for the District of Vermont

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Vermont

Rule: 1006-1

Jurisdiction: DVTB

Bluebook Citation: Bankr. D. Vt. R. 1006-1

All Rules: Bankr. D. Vt. Local Bankruptcy Rules, complete index


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WAIVER OF FILING FEE.

(a) Restrictions on Debtors. Debtors must pay the bankruptcy petition filing fee with cash, certified check, bank draft, or money order. (b) Installment Payments. An individual debtor may pay the filing fee in installments only if the Court grants the debtor’s Application to Pay the Filing Fee in Installments (Official Form B103A).

The debtor may make installment payments in the form of cash, certified check, bank draft, or money order. (c) Waiver of Filing Fee. An individual chapter 7 debtor who cannot afford to pay the filing fee either in full, or in installments, may request a waiver of the fee. This request must be made on application to the Court using Official Form B103B (“Application to Have the Chapter 7 Filing Fee Waived”).

The Court will determine whether the debtor qualifies. Waivers may be granted only if the debtor demonstrates: (1) income less than 150% of the official poverty line applicable to the debtor’s family size, and (2) an inability to pay the filing fee, even in installments. See 28 U.S.C. § 1930(f); see also Bankruptcy Rule 1006(c).

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