Payment of Filing Fee In Full
The filing fee commencing a case shall be paid in cash, cashier’s check or money order made payable to “Clerk, US Bankruptcy Court.” Payment by Debtor’s personal check or credit card is not accepted! Fee amounts change from time to time; click here for the most recent fee schedule.
Application to Pay In Installments
If you cannot pay the entire filing fee at the time of filing, you may file an Application to Pay in Installments.
Applications to Pay in Installments are granted without a hearing and the Clerk’s office will set a payment schedule for you*. You must pay 25% of the filing fee at the time of filing. A payment of 25% will be due within 30 days, and 25% every 28 days thereafter. Failure to comply with the Order granting the Application to Pay in Installments will result in the automatic issuance of an Order to Show Cause why the case should not be dismissed.
*If the debtor's filing fee from the previous bankruptcy case was not paid in full, the current application will be denied and the full filing fee will be due immediately.
If you cannot meet these requirements, the application will be sent to the Judge for consideration. If the application to pay in installments is denied, you will have seven (7) business days from the date of the order to either resubmit the application or remit the full filing fee. Failure to timely do either will result in the automatic issuance of an Order to Show Cause why the case should not be dismissed.
Waiver of Filing Fee - In Forma Pauperis (Chapter 7 cases only)
These instructions are for those individuals who cannot pay the filing fee in full or in installments for a Chapter 7 case. To check the poverty guidelines click here.
If you cannot afford to pay the filing fee, even in installments, you may request a waiver of the filing fee by completing the Application for Waiver of Chapter 7 Fee / 1006-1.1
and filing it with the Court. Expense Information (Form 1006-1.1) must be attached to the Application to Waive Filing Fee if you have not filed Schedule J at the time of the initial filing . (If you have filed Schedule J, Form D is unnecessary.) This form requires you to complete financial information for the Court to use in making a determination if the filing fee will be waived. The bankruptcy judge will decide if you meet the requirements to have the full filing fee waived. The requirement for the waiver is that the individual has income less than 150% of the poverty guidelines applicable to the family of the size involved and is unable to pay in installments. The Court will also take into consideration totality of circumstances.
Should the application be granted, the fee will be waived for the bankruptcy case and any future filing fees which may arise (i.e., Amendment to Schedules D,E,F). Should the application be denied, an installment payment schedule will be set.
If a fee waiver is not filed with the bankruptcy case, the court will issue a 7-day Notice of Missing Documents requiring you to pay the filing fee, file a signed fee waiver request or file an application to pay in installments (See Amended LBR 1007-1(b))
Defective Applications to Waive Filing Fee
Applications to Waive the Filing Fee that are defective for any reason (incorrect form, missing signatures, incomplete sections) will be denied and you will be required to pay the first installment payment of 25% within 7 (fourteen) days with the remaining payments due as set forth in LBR 1006-1.
If the filing fee of an individual chapter 7 debtor is waived and that debtor’s case is later converted to a case under chapter 13, the debtor must pay the full chapter 13 filing fee.
A debtor who has already paid an attorney or petition preparer for services in connection with the case may file an Application to Pay the Filing Fee in Installments.
If a debtor files an application to pay the filing fee in installments and later applies for a waiver of the filing fee, the court may waive any unpaid balance of the filing fee.
If a case is converted from Chapter 13 to Chapter 7, the court may waive (upon application) any unpaid balance on the filing fee, if the debtor meets the standard of eligibility.
Pro Bono Information Help in Obtaining a Lawyer
For information regarding choosing a lawyer and/or obtaining legal services at a reduced fee or free of charge, contact:
RI Bar Association 401-421-7799 www.ribar.com
RI Legal Services 800-662-5034 or 401-274-2652
Volunteer Lawyer Program 401-421-7758