Bankruptcy Filing Fees

When filing for bankruptcy there are always bankruptcy filing fees. How much the bankruptcy filing fees come to depends on the type of bankruptcy that is involved.

In some ways it sounds strange to have to pay bankruptcy filing fees since those filing for bankruptcy are doing so because they can't pay their bills. However, bankruptcy filing fees might be useful in keeping people who do not qualify from filing for bankruptcy, as well as keeping those who might be able to find other solutions for their debt problems from filing for bankruptcy if it isn't absolutely necessary. The court also needs the bankruptcy filing fees in order to help cover the costs associated with processing the bankruptcies.

For Chapter 7 Bankruptcies, the bankruptcy filing fees include a $245 case filing fee, a $39 miscellaneous administrative fee, and a $15 trustee surcharge. This is the only type of bankruptcy that includes the trustee surcharge as a part of the bankruptcy filing fees.

For Chapter 11 Bankruptcies, the bankruptcy filing fees include a $1,000 case filing fee and a $39 miscellaneous filing fee. It is partly due to these higher bankruptcy filing fees that individuals who qualify are more likely to file for Chapter 13 Bankruptcies over Chapter 11 Bankruptcies.

For Chapter 12 Bankruptcies, the bankruptcy filing fees include a $200 case filing fee and a $39 miscellaneous filing fee. These lower bankruptcy filing fees, as well as the ability for farmers and fishermen to keep running their businesses while in the process of paying off their debt under the restructuring plan make this type of bankruptcy attractive for those who qualify.

For Chapter 13 Bankruptcies, the bankruptcy filing fees include a $235 case filing fee and a $39 miscellaneous filing fee. This option is preferable to Chapter 7 Bankruptcy for those who would like to be able to keep more of their assets, and preferable to Chapter 11 Bankruptcy since the bankruptcy filing fees are lower and the process is simpler. However, this option is not available to businesses and individuals with very high debts, they must use Chapter 11 Bankruptcies for the most part.

If a debtor cannot afford to pay these fees upon filing, the court may grant the debtor permission to pay these fees in up to four installments over the next 120 days. This bankruptcy filing fees deadline may be extended to 180 days in some cases. For those who make less thant 150% of the poverty level who are unable to pay these fees even under an installment plan, the court may decide to waive the fees. There are forms that must be filled out in order to request either an installment plan or the waiving of the bankruptcy filing fees.