Filing Fees

In the Southern District of Texas in 2008, the Chapter 13 debtor filed an application to pay the $274 bankruptcy filing fee in installments over 120 days, with a minimum of $50 per month.  The trustee objected to the application because the debtor had filed Chapter 13 twice before, and both cases were dismissed for failure to make payments.

The debtor testified that she currently had expenses in excess of her income, but she argued that she could increase her income in the future to make payments under the plan.  The Chapter 13 bankruptcy court denied the debtor’s request to pay the filing fee in installments and required that she pay the fee within 10 days because of her past failed plans and her current circumstances.