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For a Joint Petition for Chapter 7, do both debtors pay the $306 filing fee, or is the $306 fee pay for both debtors?

Simi Valley, CA |

I'm filing Chapter 7 bankruptcy for husband and wife. Papers are done and all that is left is to file. But I'm not sure if we will have to pay 2 filing fees (one for each of us) or only 1 fee for the petition.

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Attorney answers 6


One fee for a joint petition ($306 total).

Nothing contained in this message should be construed as legal advice.


Only one filing fee for your joint Petition.
If you run into an attorney in the Central District who tries to charge you for two, please report him to the Office of the US Trustee.


$306 is the total filing fee. You should consult with a BK attorney BEFORE you file to be sure your petition is done correctly.

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I'm assuming you are an attorney who is new to bankruptcy practice. The answer is implicit in 11 USC 302(a) ("a joint case . . . is commenced by the filing . . . of a single petition") and 28 USC 1930(a)(1) (fee for "a case commenced"). Just one fee is due. If you plan to do more cases and will primarily represent consumer debtors when you do, I strongly recommend (a) joining NACBA and (b) buying and reading (cover to cover!) the NCLC manual on consumer bankruptcy.


One filing fee for a joint husband and wife case. At present the Chapter 7 filing fee is $306. Here are more "Bankruptcy Basics".


Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


The filing fee is per petition, so you would pay the $306 once. If anyone tries to make you pay twice, then I agree with the other attorney and you should report them.

Most bankruptcy courts have attorneys who volunteer at a help desk. I would suggest you ask one of them to review your petition BEFORE you file it with the court.

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