Paying the filing fees in installments

[LifeNLemons]

I'm finishing up my paperwork to file hopefully tomorrow or Tuesday. Unfortunately, my bank account is very low on funds. I don't have enough to pay the filing fees and pay daycare, get gas and buy the groceries for the week.

If I request to pay the filing fees in installments, does the automatic stay kick in when I file or when I'm done paying the installments? This will ultimately sway my decision on what gets paid first and what gets to wait.

My paycheck will be garnished this friday if I don't file ASAP, not to mention the threat of having my car taken in the middle of the night, so I need to do something.

I've searched everywhere, but I cannot find the answer to this particular question.

Thanks!

[FreshLikeADaisy]

It is my understanding (and maybe someone else can come along and confirm for you too, I hate relying on just one opinion) that once you file, the automatic stay applies, period. The automatic stay remains in full force and effect until a) a specific creditor applies to the court for -- and receives -- a lift of the stay, or b) the case is dismissed for whatever reason (you didn't make a Chapter 13 payment, for example, or you couldn't provide a tax return). There may be other ways the automatic stay gets lifted, but in general this is what you have to look out for.

The underpayment of the filing fee will get the case dismissed, but as long as the bk is open and you're making payments as promised, you're good and the automatic stay remains in place.

If you ask to do the filing fee in installments, you see that on the form you have to make proposals of "X amount on Y date" for a total of $299 (Ch7). When I went down to the courthouse to look at a bunch of cases to prepare to file pro se, I saw several that had been dismissed due to failure to pay the remaining balance of the filing fee, but none where the application to do it in installments had itself been denied. (Not saying it doesn't happen; I just didn't see it.) What I saw gave me the idea that pretty much all you have to do is pay the amount you promised on time. However -- and this is true of all bk court stuff -- on time means on time, not even one day late, so if you're a "I'll pay it tomorrow" kind of person you might want to watch out for that.

Keep in mind that the automatic stay does not guarantee that a creditor won't come get your car; it's a guarantee that doing so is illegal. Hence the suggestions you received in another thread about making sure they know the second you have a case number, and maybe even parking your car a few blocks away for a few days, if you're that worried they'll come pick it up before you've filed.

Anybody else care to confirm?

Good luck to you!

[oldbaddebts]

You have a right as an individual to make installment payments, however the allowable terms are set by each district. My district required $75 within 48 hours of filing, and payments within 30 days and 60 days of your choice to pay the balance. Federal rules allow more time, but you might want to check your local rules to see what the policy is for you.

Beware though, you DO get your automatic stay as long as you pay as agreed, but if you miss a payment it will be dismissed. Also, if you are able to use a longer time period to pay it off, you don't get your discharge until it is paid in full.

[Thirdbase7]

I applied to pay in payments and got accepted.

4 payments of $74.75.

Automatic stay goes into effect as soon as you file.

[6ftladycop]

I Just Made My Last Installment Payment for Filing Fee

I paid in installments also. I made my last payment on Nov-30-07 and just found out that the discharge was delayed because of the last payment. I thought I had done something wrong after the last day for objections was 10-28-07 but after talking with a very nice person at the bankruptcy clerks office who explained to me that they must receive their last payment before a discharge can be done....well I now feel better. I was always on time with the payments and they always posted the next business day on Pacer.

So now I wait for the official word on Pacer and paperwork in the mail. Installments are o.k. too....takes a little longer but o.k. and they are always an option for bankruptcy filers.

[HHM]

Just make sure you make the payments on time. If a payment is even 1 day late, BAM, your case is dismissed.

[LifeNLemons]

Just make sure you make the payments on time. If a payment is late, BAM, your case is dismissed.

I made sure to give myself plenty of time. I get paid twice between now and the time the 2nd payment is due and 4 times before the last is due. I'm planning on paying it in full this friday when I get my paycheck, but if something happens between now and then, I'll be okay.

[Hollyhomemaker]

If your income is at 150% of poverty or your income is even lower than that, such as 100% of poverty you can qualify for your filing fees to be waivered. http://liheap.ncat.org/profiles/pove...008/pop130.htm

See the above link for poverty guidelines for 2008.


All your lawyer has to do is file a form in conjunction with your BK paperwork and the judge will likely approve the waiver if you state in the form that you cannot pay it in installments.

[justrock]

In the District I am in, it's not true that your case gets dismissed immediately. I was late, and I got a phone call from the clerk, then I got a notice of motion to dismiss for failure to pay. I sent in the money order and the motion was withdrawn.