Is it possible to pay bankruptcy filing fees in installments?

I want to file for bankruptcy and I have no idea how I will afford to file. I don't know if bankruptcy laws allow a debtor to pay in installments, but would I be able to do this? How do people afford to pay for a bankruptcy if they are already in debt?
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Answered By: Mercado & Hartung, PLLC
In a Chapter 13, you can include it in the plan. Otherwise, you'll have to convince your attorney to agree. If you are talking about the filing fee, apply for a waiver.

Answer Applies to: Washington
Replied: 1/19/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
Yes, you can pay the court filing fee in installments.

Answer Applies to: Colorado
Replied: 12/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Marvin Wolf
In a Chapter 7 case, the attorney does not have to be paid in full when retained, but if not paid in full before the time of the actual filing,he is unable to collect the balance because he would then be a creditor. In Chapter 13 cases, because they last so long (3-5 years) the court permits some of the fee to be paid in installments after the filing. The Chapter 13 trustee would treat the fee balance as an administrative claim and pay the lawyer out of your plan payments even before paying unsecured creditors.

Answer Applies to: New Jersey
Replied: 12/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
Although you are allowed to pay the filing cost in installments it is not recommended. One reason is that if you fail to pay an installment the case will be discharged. The better approach is to save up for the full filing fee before filing.

Answer Applies to: California
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
It is generally possible to pay filing fees in installments with court approval if you can demonstrate poverty. Payment of bankruptcy attorney and court filing fees are usually possible with a little saving and generally make it well worth the cost to obtain a fresh start and make sure that the case is successful by hiring an experienced attorney who knows the law and procedure of the local bankruptcy court.

Answer Applies to: Indiana
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
You can pay the filing fee in installments. The forms to do this are generally on your court's web page.

Answer Applies to: California
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Selleck Legal, PLLC
You may file a motion asking the court to waive your filing fee or asking the court to allow you to pay your fee in installments. In regards to affording to pay for bankruptcy when you are in debt, you should speak with an attorney because there are certain debts an attorney may tell you to stop making payments on once you have decided that bankruptcy is a valid option for you.

Answer Applies to: Michigan
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Canty Law Firm
You can pay in installments and sometimes even get the fee waived. The Court Clerk has forms for this. You can also download from the court's website.

Answer Applies to: Colorado
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of L. Paul Zahn
The filing fee is $306.00. If you cannot afford it, you may qualify for a fee waiver. Generally, people afford to pay the filing fee and to hire an attorney by stopping their payments on debts which will be discharged.

Answer Applies to: California
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dan Wilson Bankruptcy
Your question goes to the heart of a basic problem I see on a regular basis. In the BK system, it takes money to go broke. You can file a Motion to pay filing fees in installments. Judges in some districts only allow installments for a debtor who is filing pro se, that is without a lawyer. Filing pro se is a very bad idea. Debtors risk losing significant assets that could be protected, but the process is so complicated that a debtor filing pro se is unlikely to do it correctly. If you have been paying minimums on credit cards, you can quit paying and perhaps that will free up enough cash to pay attorney and fees. Sell some stock, sell a car, borrow from family, somehow come up with enough cash to file.

Answer Applies to: Colorado
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Yvonne Michaud Novak
Many attorney's will accept payment plans for their fee. In general, the majority of attorney's will not file your petition until you have paid their fee and the filing fee in full. In order to pay the fee, I have had people sell personal property at fair market value, borrow from their retirement plan or borrow from family or friends. Contact a local bankruptcy attorney to see what type of payment options are available in your area.

Answer Applies to: Minnesota
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Northwest Debt Relief Law Firm
Yes it is possible to pay the filing fee in installments but some courts require at least a portion of the filing fee to be paid up front.

Answer Applies to: Oregon
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Burnham & Associates
Attorney's fees, like other debts, are dischargeable in Bankruptcy. As a result, the attorneys must get their fees up front, before the Petition is filed. Some attorneys are willing to receive payments over time, so long as they are paid before they file your Petition for Bankruptcy. The Court also allows the filing fee to be paid in installments, if your circumstances warrant that installment arrangement.

Answer Applies to: New Hampshire
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles R. Nettles - Attorney at Law
Yes, there is such a deal like that. It requires that you complete certain paperwork at the Clerk's office and that a repayment plan be scheduled.

Answer Applies to: Texas
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Weig Law Firm, LLC
Chapter 13 fees can be paid through the payment plan. chapter 7 fees must be paid in full before filing. Most attorneys will let you pay in installments and then file when paid in full.

Answer Applies to: Minnesota
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
Some attorneys will accept the fees in payments, but we can not file until it is paid in full.

Answer Applies to: New York
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mazyar Hedayat and Associates
Yes, it is possible to pay filing fees in installments: every Bankruptcy Court provides an *in pauperis *application for this purpose. But to pay in installments you must meet the criteria specified by local court rules. And your debts will not be discharged until the filing fees are paid in full. Failure to pay all your fees within a specified period of time will cause your case to be dismissed.

Answer Applies to: Illinois
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Lindsey Scott and Associates
Yes. Filing fees may be paid in installments. The filer must request installments at the time of filing his/her petition.

Answer Applies to: Louisiana
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Gregory J. Wald, Attorney at Law
Generally speaking, the fees for a chapter 7 case must be paid in full before the case can be paid in full. Sometimes lawyers will accept payments if you have a co-signer on the fee agreement. Chapter 13 bankruptcy is debt consolidation and partial repayment through the bankruptcy court. In Chapter 13, I put most of my fees into the debt consolidation plan so that you don't have to come up with the entire fee up front.

Answer Applies to: Minnesota
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
Yes go to the court's website, there's an application. If your household income is below state median, you can apply for a waiver of filing fee.

Answer Applies to: Florida
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: James Branum Law
Many lawyers will permit you to pay out your legal fees in installments, however, they will normally require that you have the full balance paid before your bankruptcy is filed.

Answer Applies to: Oklahoma
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Felipe A. Malo, P.A.
Yes you can petition the court to allow you to pay in installments.

Answer Applies to: Florida
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
You can pay in installments if a Chapter 7 case. Depending on the court where you are going to file you can pay something when filing and the balance in three monthly payments. The amount you have to pay when you file depends on the court where you are going to file. You will have to contact the clerk of the court to find out the minimum required to file. You can also apply for a waiver of fees in Chapter 7 but it is not easily granted. Just because you are heavily in debt does not mean you can't even afford the court's filing fee and the attorney's fee. You do not have to be homeless or totally broke to file for Chapter 7 bankruptcy.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law Center
In Colorado, the Bankruptcy judges freely allow debtors to pay the filing fee in installments (usually 4 payments of $76.50) as long as you can show need.

Answer Applies to: Colorado
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Xochitl Anita Quezada
You can file a motion for a fee waiver. You will have a court hearing to explain to the judge why you need a waiver.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: A Fresh Start
Yes, you can pay the filing fee in installments. But these cases routinely get dismissed b/c debtors will fail to make a payment post-filing. I would suggest waiting to file your case until you have the full $306.

Answer Applies to: Illinois
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
You can pay the fees in installments but only if you have not paid a lawyer, and you need counsel. It is smarter to save money for a few months and file properly than waste filing fees on an improper filing.

Answer Applies to: Georgia
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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