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Glossary

Fee Waiver in Bankruptcy

A fee waiver is a bankruptcy court order excusing an individual Chapter 7 debtor from paying the court's filing fee, requested on Official Form 103B filed with the petition (Fed. R. Bankr. P. 1006(c)). It is available only in Chapter 7 — not Chapter 13 — and only where the court finds the statutory conditions in 28 U.S.C. § 1930(f)(1) are met.

Key points

  • A fee waiver is a court order, not an automatic entitlement: the debtor applies and the court decides.
  • The statutory waiver reaches Chapter 7 cases only; other chapters use installments instead.
  • The clerk must accept a Chapter 7 petition filed with a completed, signed Form 103B (Fed. R. Bankr. P. 1006(c)).
  • Several districts state the § 1930(f)(1) conditions as income under 150 percent of the poverty line plus inability to pay in installments.
  • A granted waiver can be reconsidered and vacated if the case shows it was not warranted.

If you have seen "fee waiver" on a court form or a bankruptcy court website, it refers to one narrow thing: asking the court to excuse the filing fee. It is not a waiver of your debts, and it is not automatic. Here is what the term means and where it stops.

What does "fee waiver" mean in bankruptcy?

A fee waiver is a court order excusing an individual Chapter 7 debtor from paying the fee that would otherwise accompany the petition. Federal Rule of Bankruptcy Procedure 1006(c) directs the clerk to accept an individual's voluntary Chapter 7 petition when it arrives with a completed and signed application to waive the filing fee — Official Form 103B. The underlying authority is 28 U.S.C. § 1930(f)(1), and the Judicial Conference published implementing procedures at Guide to Judiciary Policy, Vol. 4, Ch. 8, § 820. Several courts describe the statutory conditions the same way: income less than 150 percent of the official poverty line for the debtor's family size, and inability to pay the fee even in installments (Vt. LBR 1006-1). Filing the application is a request. The court either enters an order or sets the matter for hearing (E.D. Wash. LBR 1006-1).

Why does it matter in a bankruptcy case?

Money at the door is a real barrier, and the fee is not one number. The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), collected alongside a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8) and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9). Nonpayment has consequences: under 11 U.S.C. § 707(a)(2), nonpayment of fees required under chapter 123 of title 28 is listed as cause to dismiss a Chapter 7 case. A waiver removes that pressure where the court grants one. Districts differ on reach. In some, an order granting the application waives all filing fees in the case unless otherwise stated (E.D. Mo. L.R. 1006). In others, the waiver applies only to the petition filing fee, and further waivers require a separate motion (W.D.N.C. LBR 1006-1).

How does a fee waiver work in practice?

The application goes in with the petition on Official Form 103B, and the court decides. Local practice varies more than people expect, so your district's rule and its own instructions govern the detail.

  • Some districts require Schedules I and J and evidence of income with the application (D. Colo. L.B.R. 1006-1).
  • The court may rule on the papers or set a hearing, and may deny without one (E. D. Mich. LBR Guideline 4).
  • If denied, the debtor is commonly directed to pay in full or by installments on a schedule the court sets (D. Mass. LBR 1006-2).
  • A granted order can be reconsidered and vacated if developments show the waiver was not warranted (E.D. Wash. LBR 1006-1).
  • Some districts treat a granted waiver as conditional and subject to further investigation (D. Colo. L.B.R. 1006-1).

What do people get wrong about fee waivers?

Four confusions come up repeatedly. First, a waiver is not chapter-neutral: the statutory waiver reaches Chapter 7. A Chapter 13 filer pays the $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8), and Rule 1006(b) installments are the route where the court permits them. Second, a waiver and installments are different requests on different forms — Form 103A covers installments (Fed. R. Bankr. P. 1006(b)(1)). Third, a waiver excuses court fees, not attorney fees; two districts state that having paid an attorney does not by itself disqualify a debtor (Bankr. N.D. Ga. official page — Chapter 7 Fee Waivers), while another denies the application where a petition preparer or attorney was paid (E.D. Mo. L.R. 1006). Fourth, the burden of showing the application should be granted rests on the debtor (U.S. Bankr. Ct. S.D. Ala., Chapter 7 Fee Waivers).

Frequently asked questions

Is a fee waiver the same as paying in installments?
No. They are separate requests on separate forms. A waiver excuses the Chapter 7 filing fee and uses Official Form 103B; installments spread payment over time and use Form 103A (Fed. R. Bankr. P. 1006(b)(1)). Rule 1006(b)(2) limits installments to no more than four, with all payments made within 120 days after filing and, if extended for cause, no later than 180 days.
Can a Chapter 13 filing fee be waived?
The statutory waiver procedure in Fed. R. Bankr. P. 1006(c) applies to an individual's voluntary Chapter 7 petition. Several district rules describe waiver applications as Chapter 7 applications for that reason (W.D. Tenn. LBR 1006-1). A Chapter 13 filer pays the $235 filing fee (28 U.S.C. § 1930(a)(1)(B)); Rule 1006(b) installments are the mechanism the rule provides in other chapters.
What happens if the court denies the application?
Denial does not end the case by itself. Courts commonly direct the debtor to pay the fee in full or on an installment schedule the order sets; in one district the first payment is due within seven days of the denial order unless the court orders otherwise (D. Mass. LBR 1006-2). Nonpayment of required fees is listed in 11 U.S.C. § 707(a)(2) as cause to dismiss a Chapter 7 case.
Does the amount or the process differ by district?
The fee amounts are federal, but local rules differ on what must accompany the application, whether a hearing is held, and how far a granted waiver reaches. Compare E.D. Mo. L.R. 1006, where an order ordinarily waives all filing fees in the case, with W.D.N.C. LBR 1006-1, where the waiver covers only the petition fee. Check your own district's rule and court page.

Sources

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified July 28, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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