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Anybody apply successfully for waiver of filing fee>

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    Anybody apply successfully for waiver of filing fee>

    Hi,
    I'm thinking, at this juncture, that, as my monthly expenditures con-
    siderably exceed my current (and average) monthly income, it would
    appear completely consistent and logical to apply for the waiver of
    filing fee.
    My first thought was that I would pay the fee as a kind of demonstra-
    tion of "good will", however, the more I've learned about the rather
    technical/mathematical nature of the bankruptcy process, I've come
    to think that the comparatively emotional-human concept of "good will"
    has either very little, or absolutely no relevance or applicability in such
    determinations.
    It would appear, instead, that success or failure are determined by
    the "numbers", and, of course, their veracity, provability, and con-
    sistency throughout the petition, schedules, etc.
    I would be interested to hear from anyone who has been successful,
    or unsuccessful in having the filing fee waived, as well as any circum-
    stances that may have applied.
    Thanks, best wishes and best of luck to all!

    #2
    I think if the numbers fit and you need to have the fee waived, then apply.

    I filed Pro Se and could have used the fee waiver, but didn't want the added scrutiny that is required by the fee waiver, so I bit the bullet , and paid the fee.

    Comment


      #3
      Thanks for your reply.
      I understand what you mean when you say you "didn't want the added scrutiny that is required by the fee waiver", but, as you also say "if the numbers fit"...
      I say "Why not?"...nothing to lose. Worst case scenario: You have to pay, right?
      I, too, am filing Pro Se (in CA), and I find that the more I acquaint myself with
      the the rules/regulations, the less fear and anxiety I feel.
      Even though I've yet to file, I can see absolutely no advantage, and based on numerous posts in this forum, some disadvantages to hiring an attorney (including, but certainly not limited to the cost).
      I acknowledge, however, that my case is perhaps as uncomplicated as one can be...no home, no assets, etc., and more than enough CA system 2 exemptions to exempt everything I own (three times over!) Why would I pay a lawyer $xxxx.xx to file (or, perhaps, fail to file) all my papers?!
      I can certainly understand why, under the undeniable stress of filing, folks
      would seek the counsel and reassurance of an attorney, but, at least, in a comparatively straightforward, simple no asset case, what do you really get
      for the $xxxx.xx, especially considering the fact that if you elect to retain
      the lawyer to represent you in the event that an adversarial proceeding is inititiated (heaven forbid), the $$$ meter starts all over again!

      Comment


        #4
        My theory on Filing Pro Se is the less you have to risk , the more filing Pro Se makes sense.

        If you can't really screw up re: a major asset like a home or car or any other large asset and your exemptions cover most of your property, and you are comfortable with the BK law and have a somewhat decent amount of common sense and the abilty to read, then go for it.

        Make sure you are aware of the repurcussions of having large purchases, balance transfers ( within 90 days ish, depending on what it is) which might trigger an AP from a creditor.


        IF you are over median income or have too much disposable income in the means test, you may stir up UST involvement.

        If none of those things apply and you feel comfortable with it, you don't really need a lawyer.

        Read ,read, read on this forum and see if anything in your situation might cause issues. If you feel comfortable, file Pro-Se.

        I personally saved about 2000.00 doing it on my own. I had a small little blip with a dsmissal, which was corrected.

        Just quadruple check that you have filed every document that is required, before the due date, then check again. I was dismissed because I forgot to bring a document that I had prepared, and I was absolutely sure I had brought it with me, so you just have to be very careful and dot every "I" and cross every "t"

        Good luck! DD

        Comment


          #5
          Solid words of wisdom, all...excellent advice.
          Thanks and Good Luck!

          Comment

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