If you are filing for a Chapter 7 bankruptcy, you may file an application to waiver the filing fee at the same time you file your bankruptcy petition. When your Chapter 7 petition is accompanied by a fee waiver application, the bankruptcy court should initiate and process your case in the same manner as other individual Chapter 7 cases.

The district court or the bankruptcy court may waive your Chapter 7 filing fee if you have income that is less than 150 percent of the poverty guidelines last published by the United States Department of Health and Human Services (DHHS) applicable to a family of the size of yours, and if you are unable to pay that fee in installments.

Your “Total Combined Monthly Income” as reported (or as will be reported) on Line 16 of Schedule I of your tax return is the income used for comparison to the poverty guidelines. Any non-cash governmental assistance (such as food stamps or housing subsidies) that you might receive is not included. Your spouse’s income is included whether or not a joint petition is filed, unless you are separated from your spouse and a joint petition is not filed. The income of any other family member listed on Schedule I as a dependent also is included.

If you live in Denver, Aurora, Arvada, Brighton, Broomfield, Commerce City, Englewood, Highlands Ranch, Lakewood, Lafayette, Littleton, Northglenn, Westminster, Wheat Ridge, or Golden, Colorado, please feel free to contact me with any questions.  

Kevin D. Heupel, Colorado Bankruptcy attorney, 303-955-7570, COBankruptcyHelpEmail, free-consultation form