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BK 7 Filing Fee is a Little Late

Bothell, WA |

So heres the short. I paid $106 of my BK filing fee. Since that I have done everything necessary to have my BK finalized. However, I got an email from my BK lawyer 2 days ago telling me to pay my remaining fee, noting that it was late and that my case could be discharged because of this. Obviously this is my fault for not paying it (I just forgot and that is that). However, I don't want to have to re-pay the fees to get this thing done. I spoke with the BK office and they said they would put a note on my case and to send the payment by mail. She 'thought' that if it got there by Monday it wouldn't be a problem. I guess my question is what are the chances that my case gets dismissed from today (Friday) to the next Monday? Does it help that I made them aware that payment is coming?

Attorney Answers 3

  1. There is no way to tell when the clerk will enter a dismissal for failure to pay filing fee. For my clients, I always advise them to take the money (only cash, cashier's check, or money order accepted) down to the courthouse and pay it in person to avoid the risk. It is a pain to vacate the dismissal and/or reopen the case to pay the filing fee. If the case needs to be reopened, there is an additional filing fee that you have to pay.

    Information applicable in Washington State. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Arrow Law Group, PLLC is a debt relief agency as defined by the United States Bankruptcy Code. We help people file for relief under Chapter 7 and Chapter 13 of the United States Bankruptcy Code.

  2. I would agree with Mr. Tran. In fact sometimes it does not take much of anything for a case to be dismissed; however, your attorney should have gotten a copy of the Motion that would be filed to dismiss your case. If your attorney is saying that he/she already got a copy of that Motion, the bankruptcy court computer may dismiss the case without any further action needed to be done.

    My answer is general information not intended to create an attorney-client relationship. Seek advice from a qualified attorney to see how the law fits your specific facts. If you are in Washington, please feel free to contact us at (425) 283-0432 to see if we might be of assistance.

  3. At least here in Pa the clerks are reliable. So you should be safe. If dismissed you'll have a valid basis to vacate dismissal, But as stated that is more $$$$

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