Fee Waiver Question

[nikcool]

Hello,

I'm new to the forum and am starting paperwork for a Pro Se Chapter 7.

My husband is the only income for now, and he is being garnished. When I enter income, do I enter what we get after the garnishment?

Are the garnished funds counted as an expense? Even if we do not include the garnishment, we are under 150% of poverty level.

Thank you in advance for your help.

[ksgirl38]

I'm pretty sure you have to enter the gross pay before the garnishment. Did you ask an attorney?

[nikcool]

No. The attorney we talked to didn't mention fee waivers.

[HHM]

You DO NOT count the garnishment for any purpose.

There is only one place where you mention the garnishment, and that is on the Statement of Financial Affairs, questions 3 (payments to creditors) and 4 (suits, garnishments etc).

Otherwise, all the other forms you fill out as if the garnishment didn't exist. So income is your GROSS income. The garnishment is NOT an expense for any purpose.

[anykey]

I did a 7 some years back- I was mad then that the atty never told me about the waiver. However- he cant. You can NOT hire and attorney AND get the $306 file fee waived.

[HHM]

I did a 7 some years back- I was mad then that the atty never told me about the waiver. However- he cant. You can NOT hire and attorney AND get the $306 file fee waived.

Correct, if you hire an attorney, you cannot use the "fee waiver"

However, you can do the Fee Installment plan (I think it is 4 payments). However, most attorneys discourage it and will force client to pay the filing fee before a case is filed. Reason being, failure to pay an installment results in "automatic" dismissal. As such, it creates a very high risk bankruptcy from the attorney's standpoint, if it is dismissed, the case must be updated and refilled.