How many installments can I split the filing fee into?

Up to 4 under Bankruptcy Rule 1006(b)(2). The court designates the number of installments, the amount of each, and the payment dates; all must be paid within 120 days after the petition is filed.

Can the court deny my installment application?

Yes. The court has discretion under 28 U.S.C. § 1930(a) and FRBP 1006(b). FRBP 1006(b)(3) is often misread as a bar on pre-filing attorney payments; its 2008 Committee Note says it addresses payments made AFTER the case is filed and after installments are granted. If you cannot afford even installments, Form 103B (waiver) is available for households below 150% of the federal poverty line.

What happens if I miss an installment?

If the debtor fails to pay any installment, FRBP 1017(b) lets the court dismiss the case after a hearing on notice to the debtor and trustee. Under FRBP 1006(b)(2) the court may, for cause, extend the time to pay an installment, but the last one must be paid within 180 days after the petition is filed.

Can I pay an attorney while I am on the installment plan?

No. Until the full filing fee is paid, you may not pay any attorney or any other person any money for services in connection with this case. FRBP 1006(b)(3). This is the key trade-off versus the waiver path.

Where do I file Form 103A?

With the bankruptcy clerk's office at the same time you file the voluntary petition (Form 101). Bring the first installment payment in cash, money order, or cashier's check (no personal checks). The clerk will stamp and route it to the judge.

Bankruptcy hubForm 103A — installments

Pay the filing fee over four months.

The Chapter 7 fee is $338 and the Chapter 13 fee is $313. Form 103A asks the court to let you pay it in up to 4 installments under Bankruptcy Rule 1006(b)(2), all due within 120 days of filing. You can read through the wizard now; it produces the document once its rules are reviewed by a licensed attorney.

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The Filing-fee installments (Form 103A) template is waiting for a licensed attorney to review its rule data. Until then SynthCounsel does not produce this document, so answering the questions will not give you one.

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Installments vs. waiver

In a Chapter 7 case, Official Form 103B asks the court to waive the entire filing fee. 28 U.S.C. § 1930(f)(1) allows a waiver for an individual whose income is less than 150% of the official poverty line and who is unable to pay the fee in installments; the decision is the court’s. Form 103A and Form 103B are alternative requests. Which one to file is your decision.

Pro tip

Calendar every installment date the day the court sets the schedule, and keep the receipt for each payment.