Anyone had to go to a fee waiver hearing?

[sscott4775]

I was wondering if anyone has petitioned the court to have the Chapter 7 fee waived and if you had to go to a hearing? What was the experience like and what kind of questions did the judge ask?

I'm planning on asking for the fee to be waived, but am kinda nervous going in front of a judge not knowing what they will want or ask for?

Just wanting to see if anyone else has been through that experience and has any thoughts to share on the matter?

[MSbklawyer]

I've only seen one. The judge asked the debtor why he couldn't pay the fee in installments and the debtor admitted that he could manage it in installments. The waiver was denied and the debtor was ordered to file an application for installments.

[justbroke]

I think there was one person on here that did. It's nothing difficult. The judge just needs to review your finances and decide if you are indigent. So long as you're below 150% of poverty.

[missjean]

My hubby and I had all of our fees waived; our (husband's pension) income was below 150% of poverty line. We submitted the request for waiver when we submitted the petition. About two weeks later we received a letter from the court clerk indicating that our request had been approved. We never appeared before a judge. Had 341 on 9/3, trustee filed report of No Distribution on 9/7.

[sscott4775]

I just called my district's bankruptcy courthouse and asked them if a hearing is normally scheduled, and they said that in 95% of the cases submitted, a hearing is not scheduled. Evidently, they wait for a period of seven days for a trustee to object and then submit it to the chambers for approval or denial. At least that's what was explained to me. So, hopefully I won't have to worry about appearing...keeping fingers crossed!

[ryan]

You can file an Indigency Request for almost any case you need to be answering/filing motions - not just bankruptcy.

[sscott4775]

Is this indigency request the same thing as the form they give you for Chapter 7 fee to be waived, or is it something different.

[nomorebills]

When I filed my chp 7 with the court....the waiver was approved the next day via pacer. FYI "FL middle district"

[justbroke]

Is this indigency request the same thing as the form they give you for Chapter 7 fee to be waived, or is it something different.

An "indigency request" is just whatever form provided by the court that is utilized to waive certain fees. For the Bankruptcy Court, the "indigency request" form's official name is the "APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE FOR INDIVIDUALS WHO CANNOT PAY THE FILING FEE IN FULL OR IN INSTALLMENTS" (Official Form B3B).

So, the short answer is yes... the indigency request is that form.

[sscott4775]

Thanks, justbroke. I thought it might be, but just wanted to be sure because that's definitely what I'm going to need and given my financial situation, there shouldn't be any problem getting it granted.

[sscott4775]

When I filed my chp 7 with the court....the waiver was approved the next day via pacer. FYI "FL middle district"

Wow, they really get on the ball there, don't they? From what I've been told, it takes about two weeks here, so I guess that's not so bad. When I do submit my papers, I'm going to be nervous enough, so an extra two weeks might not be enough to shatter my nerves completely. lol!

[nomorebills]

I just followed the form...provide the information...the clerk submitted it and next day on pacer as an order from judge. No appearance and no problem....

[ndmike25]

i submitted a fee waiver and the judge denied it and ordered payments. My judge hates me and denies everything. I also asked for a waiver of the certificate for counseling because it cost $50 and he denied that. Why is it you are in BK court and they want $$. Doesn't make any sense to me

[justbroke]

i submitted a fee waiver and the judge denied it and ordered payments. My judge hates me and denies everything. I also asked for a waiver of the certificate for counseling because it cost $50 and he denied that. Why is it you are in BK court and they want $$. Doesn't make any sense to me

They don't want your $$$. The class fee doesn't even go to the court.

There are very specific rules for granting it. You must be less than 150% of the poverty level for your State. It's not arbitrary. The number is published on-line. Also, it's based on what you filed on your Means Test.

Also, you'll NEVER get a fee waiver on a Chapter 13 -- just in case you are asking about a Chapter 13.

Likewise, no waiver of the need to file a certificate. Most of the companies will give you the class for free if you or your attorney file some sort of form indicating that you are indigent. The class is required. The only way to waive the actual taking of the classes is if you're totally blind, are in the military on deployment, or have a medical condition preventing you from taking it.

Hope that makes sense to you.