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kicklaw40, Attorney
Category: Bankruptcy Law
Satisfied Customers: 21
Experience:  I have been a bankruptcy attorney since 1998 and have handled hundreds of bankruptcy cases successfully.
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I filed for bankruptcy at the end of September 2012. I applied

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I filed for bankruptcy at the end of September 2012. I applied for installments; however, in the end the judge simply gave me 120 pays to pay in full. I was told that that's just the way that this particular judge does it. (I do not have an attorney in this case.)

The 120 days is up in a few weeks; however, I recently lost my job and am ineligible for unemployment. I'm wondering if in your opinion it would be worth trying to go back in and file a waiver of the fee. I know there is some extra paperwork to do. Currently my income is $0 and I've got about $10 in my bank account. I can probably borrow the money if I need to, but I'd rather not. It's going to be tough enough making it through the next few months as it is. Any thoughts?

kicklaw40 :

I am a bankruptcy attorney and would be happy to assist you with your question.

kicklaw40 :

Unfortunately, the criteria for being granted a waiver of the filing fees is a set in stone standard. It is based on your income and says that your fees may be waived if your income is below 150% of the poverty level, but uses the income as of the time the case was filed.

kicklaw40 :

Did your income meet that criteria prior to the case being filed, or did you have a change since filing that left you with no income?


I filed at the end of September when I was leaving my job and moving out of state to take a new job. The new job was a cut in pay but I was told to use the numbers that were in effect with the job I had at the date of filing, even though it would be ending in a few days. The new job I had from October until a few days ago when I was informed they had run out of money and that I was out of a job effective immediately.

Customer: of filing: well above the guideline for waiver. 10/12 through 12/12 - arguably within the waiver guideline (pay was $1000/month). Effective 1/3/12 = $0.

kicklaw40 :

Unfortunately, I believe you are out of luck with those facts. Bankruptcy law sets the date of filing as the date that multiple things are calculated on the basis of, and this is one of those things. Do not let the deadline for paying pass, or you will risk having the case dismissed.

kicklaw40 :

I hope I have answered your question to your satisfaction (even though it is undoubtedly not what you wanted to hear) and you will mark your answer as "very satisfied." Please let me know if you have any other questions with regard to this issue.

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