Bankruptcy Filing Fee Waiver -- Income Requirements and Form 103B
Who Qualifies for a Fee Waiver?
Under 28 U.S.C. Section 1930(f), the court can waive the Chapter 7 filing fee entirely if your household income is below 150% of the federal poverty guidelines. For 2024-2025:
| Household Size | 150% Poverty Level (Annual) | Monthly Equivalent |
|---|---|---|
| 1 person | $22,590 | $1,883 |
| 2 people | $30,660 | $2,555 |
| 3 people | $38,730 | $3,228 |
| 4 people | $46,800 | $3,900 |
Fee waivers are only available in Chapter 7 cases. Chapter 13 filers cannot receive a fee waiver but can pay in installments.
How to Apply: Form 103B
To request a fee waiver, file Official Form 103B (Application to Have the Chapter 7 Filing Fee Waived) with your bankruptcy petition. The form requires:
- Your household income from all sources
- Monthly expenses
- Property you own (assets)
- Whether you can pay in installments
The court reviews the application and may grant the waiver, deny it, or schedule a hearing. If denied, you can still request installment payments.
Installment Payment Alternative
If your income is too high for a full waiver but you cannot afford to pay the filing fee upfront, you can file Official Form 103A (Application to Pay Filing Fee in Installments). The court will typically allow you to pay in up to 4 installments over 120 days.
When paying in installments:
- The first installment is due at filing or within 14 days
- You cannot pay an attorney until the filing fee is paid in full
- Failure to make installment payments can result in case dismissal
What About Chapter 13?
There is no fee waiver available for Chapter 13 cases. However, the $313 Chapter 13 filing fee can be paid in installments, and most Chapter 13 attorneys include the filing fee in their overall fee structure, which is paid through the plan.
Cross-References
- Filing fees by chapter
- Fee waiver overview
- howmuchdoesbankruptcycost.org
- howtofilebankruptcy.org
- prosedebtors.org -- Resources for self-represented filers