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How does the court fee waiver work for chapter 7?

Gainesville, FL |
Filed under: Chapter 7 bankruptcy

I already filled out the application....pretty easy! I was just wondering how long and what is the process of it getting approved? Does the bankruptcy process start as soon as I file the petition and the fee waiver application, or would I have to wait until it's approved until the ball gets rolling?

Attorney Answers 3

Posted

The stay is in effect when you file your petition. The court payment due dates depend on your local court policy. In our district, the court although you fill out an installment payment , the court simply provides to pay in full by a deadline date about 90 days after your case is filed! Good luck.

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Asker

Posted

Alright, In this district the installments are not to exceed 120 days. So that means that the day I file the motion and petition for bankruptcy, the automatic stay will begin to take effect. Is that right? I guess I am just trying to figure out if I have to wait until the last payment for it to take effect or is it immediate.

Richard D. Granvold

Richard D. Granvold

Posted

The stay applies as I indicated the second your bankruptcy petition is FILED!!!!!

Derek R. Caldwell

Derek R. Caldwell

Posted

Mr. Granvold is correct.

Posted

The court should notify you fairly soon if your application is approved. You can get limited access to the PACER system online to check it.

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Posted

Hi! I just realized that I am just above the 150% line....so I am going to fill out the "installment" section. When I turn the papers in, will the case now be opened? Meaning will the automatic stay be in effect?

Derek R. Caldwell

Derek R. Caldwell

Posted

The automatic stay will go into effect as soon as you file the paperwork with the court. If you fail to actually pay the installments for the filing fee, your case will be dismissed and the stay will lift, but it would be in effect from the minute your case is completely filed.

Posted

There is no way to know how long the judge will take with any motion. But once the Court rules on it, they will let you know.

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