Planning on filing CH. 7 pr se...again....(sigh) Question about installments

[faulknertw]

I live in OH. I have a previous ch. 7 bk that was filed 8-05-2005.
My question is, can I file a petition now to make installment payments, and then by august, I would have the installments paid off, and be ok? Or do I have to wait until 8-05-2013 before I can even file a request to pay the filing fee in installments?

[LadyInTheRed]

Welcome to bkforum!

If you received a discharge in the prior BK, you have to wait until 8-5-13 to file another Chap 7. Why not start saving now for the filing fee?

[faulknertw]

That was my back up plan, I just wanted to be clear on my options. Thank you for the information!

[Pjmax]

If you wanted to pay the fee in installments between now and August, it just makes sense to make your payments to a piggy bank or coffee can, then you'll be good to go.

[justbroke]

I would not file a case on or before 8-5-2013. You need to make sure the 8 years have elapsed. I concur with the piggy-bank recommendation.

[faulknertw]

If I do file and go with the installment plan, is there a minimum amount that I need to use for my first payment to the trustee?>

[justbroke]

If I do file and go with the installment plan, is there a minimum amount that I need to use for my first payment to the trustee?>

Filing fees paid in installments, are paid to the Clerk of the Court.

It is typically a set amount, and I believe it is in fourths, so 1/4th due at filing, and then the others are due before discharge (or about 120 days from filing). It can be extended if you petition the court (ask the judge) for a longer period, up to 6 months (from filing). You will not receive a discharge until it is paid in full.

So, to pay in installments, you would file the Application to Pay Filing Fee in Installments, and submit that with your petition. The Judge will issue an order either approving or denying the application. If it is granted, the court will set the dates and amounts which are typically 1/4th of the total due.