How do i prove pauper? affidavit of pauper at court?

Asked over 1 year ago - Rancho Santa Margarita, CA

Am married . I do have student loan . I have not specified my spouse income in that affidevit , where as i have specified my credit card exp and vehicle loan etc . Do they ask my family information ? do they check my SSN ? plz advise

Attorney answers (4)

  1. Brian Crozier Whitaker

    Contributor Level 17


    Lawyers agree

    Answered . You have to fill out Form 3B - The Application to waive the fee. That's where you disclose your primary assets and income. If your spouse has income, you probably won't qualify.

  2. Susan Jane Salehi

    Contributor Level 9


    Lawyers agree

    Answered . I think you are asking the Bankrptcy Court to waive the filing fee of $306 for a Chapter 7. It does not sound like you had the assistance of an attorney. You must disclose your spouse's income as you live in California, and you must list all of your separate and community property assets. Some courts require that you meet with the judge before granting a waiver of the fee. The trustee will also question you at the meeting of creditors and if it is disclosed that there is additional undisclosed income, assets, etc. the order granting a waiver of the fees can be resciinded. . Some judges will not grant a waiver of the filing fee is you had an attorney, but they may allow you to make the payments in 4-5 installments. You really should consult with an experienced bankruptcy attorney. Most offer free consultations and reasonable fees.

    Nothing in this response should be construed as legal advice, or establishing an attorney-client relationship.
  3. Stuart Gregory Steingraber

    Contributor Level 18


    Lawyers agree

    Answered . I agree with my fellow lawyers. It sounds like you want to apply for a fee waiver. You must disclose total family income on the application. You also must present your complete BK package at the same time.

  4. Susan J Dodds

    Contributor Level 10


    Lawyer agrees

    Answered . You generally have to provide a copy of your schedules or at least the information for all of your household income. In order to qualify for a fee waiver you have to be 150% below the poverty line, and be unable to make payments towards the filing fee.
    Your best option may be to request for payments in installments.
    This is at least for the Eastern District in California

    You should consult an attorney for advice regarding your individual situation. Nothing in this response nor any... more

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