You can pay the Chapter 13 filing fee in installments if the bankruptcy court approves a written application filed with your petition. The total fee is $313, and Official Form 103A lets you propose up to four payments spread across roughly four months.1United States Courts. Official Form 103A – Application for Individuals to Pay the Filing Fee in Installments The application is simple. The deadlines are not forgiving.
What the $313 Covers
The $313 combines a $235 filing fee set by federal statute and a $78 administrative fee added by the Judicial Conference for every Chapter 7, 12, or 13 case.2Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees3United States Courts. Bankruptcy Court Miscellaneous Fee Schedule Your four installment amounts have to add up to that combined total.
How to Apply With Form 103A
Form 103A asks you to propose up to four payments, each with a specific dollar amount and a business-day date. You sign a declaration under penalty of perjury that you cannot pay the full fee at once.
The application must be filed together with your Chapter 13 petition. As long as a signed Form 103A is attached, the clerk is required to accept the petition for filing even if you haven’t paid any part of the fee yet.4Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee Filing the petition without the application usually triggers a demand for the full $313 up front.
After the clerk receives your application, a bankruptcy judge reviews it and issues an order approving your schedule, modifying the amounts or dates, or denying the request. A denial for a fixable problem, like understating the total or scheduling the last payment past the deadline, generally lets you resubmit rather than losing the case.
Payment Deadlines
All installments have to be paid within 120 days of the filing date. With a showing of good cause, the court can extend that period, but the outer limit is 180 days from filing, and nothing extends beyond that.4Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
Mark every payment date on a calendar. Most installment problems come from forgetting a deadline during an already stressful period, not from lack of money.
What a Missed Payment Costs
Failure to pay any required fee is a specific statutory ground for dismissing a Chapter 13 case.5Office of the Law Revision Counsel. 11 USC 1307 – Conversion or Dismissal The court can dismiss after notice and a hearing.6Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1017 – Dismissing a Case; Suspending Proceedings
Dismissal also ends the automatic stay, the federal protection that stops wage garnishment, foreclosure, and other collection actions while your case is pending.7Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay The moment the case is dismissed, creditors can pick up where they left off. Reinstating a dismissed case usually means filing a motion and paying more fees, which defeats the point of the installment plan.
You Cannot Pay Your Attorney Until the Fee Is Paid
This rule surprises people. While any part of the filing fee remains unpaid, neither you nor your Chapter 13 trustee may pay an attorney or anyone else providing services in connection with your case.4Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee The court’s fee has absolute priority over professional service fees during the installment period. If you’re working with an attorney, their compensation through the plan gets pushed back until the $313 is fully paid.
The Fee Has to Be Paid Before Your Plan Is Confirmed
Even inside the 120-day window, there’s a separate statutory hurdle. A bankruptcy court cannot confirm a Chapter 13 repayment plan unless all filing fees and charges have been paid.8Office of the Law Revision Counsel. 11 USC 1325 – Confirmation of Plan Confirmation is the step where the court formally approves your three-to-five-year repayment schedule. If you’re still behind on the fee when confirmation comes up, the court will not approve the plan, no matter how sound it is otherwise.
Chapter 13 Has No Fee Waiver
Installments and fee waivers are different remedies, and only installments apply here. A full fee waiver for low-income filers exists only in Chapter 7, limited by statute to individuals earning below 150 percent of the federal poverty line who also cannot pay in installments.9Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees Chapter 13 filers have no equivalent option. If you cannot pay the $313 at once, the installment application under Form 103A is the only relief available.1United States Courts. Official Form 103A – Application for Individuals to Pay the Filing Fee in Installments