Application to Pay in Installments

If you cannot afford to pay the entire filing fee at the time of the initial case filing, you may file an Application to Pay the Fee in Installments.

In most instances, 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 at least 25% of the filing fee at the time of initial case filing. A payment of an additional 25% will be due within 30 days, and 25% every 28 days thereafter until fully paid. Failure to comply with the payment terms contained in 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.

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 the debtor's filing fee from a 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 the standard installment payment terms, your Application will be sent to the Bankruptcy Judge for determination. If the Application to Pay in Installments is Denied, you will be given seven (7) business days from the date of the denial Order to either re-submit the Application or to remit the full filing fee.

Failure to timely take either action will result in the automatic issuance of an Order to Show Cause why the case should not be dismissed.  There are negative consequences to a dismissal and re-filing, which may affect the applicability of the automatic stay.