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APPLICATION FOR PAYMENT OF FILING FEES IN
INSTALLMENTS AND/OR WAIVER OF FILING FEE
(a)
- APPLICATIONS SEEKING PERMISSION TO PAY IN INSTALLMENTS OR WAIVER OF FILING FEE
(1)
An individual chapter 7 debtor who is unable to pay the full filing fee for a voluntary petition may apply for a waiver of the filing fee and/or may apply for permission to pay the filing fee in installments. An individual debtor under any chapter of the Bankruptcy Code who is unable to pay the full filing fee for a voluntary petition may apply for permission to pay the filing fee in installments. Any such applications shall be on forms prescribed by the Court and shall be presented for filing with the petition. The applicant also shall present personal identification in the form of a valid California driver’s license, California identification card, or other similar form of identification satisfactory to the clerk.
(2)
The applicant may be required to personally appear before a designated judge to present the application(s) and proposed order(s) on the same day as the filing of the petition or at a later date and time that the designated judge may select for a hearing. The applicant shall provide sworn testimony regarding the basis for the application(s) and circumstances of the bankruptcy filing. The applicant’s failure to appear and testify at the prescribed time and place may result in denial of the application(s) and dismissal of the bankruptcy case.
(3)
Unless the designated judge orders otherwise, compliance with the notice and service requirements of Local Bankruptcy Rule 9013-1 is not required.
(b)
- TERMS AND CONDITIONS OF ORDERS FOR PERMISSION TO PAY IN INSTALLMENTS
- (1)
- An order authorizing payment of filing fees in installments shall fix the number of installments and the amount and due date of each installment. The number of installments shall not exceed 4. The final installment shall be payable not later than 120 days after the filing of the petition, unless extended by the court for cause shown to a date not later than 180 days after the date of the filing of the petition.
- (2)
- The debtor’s failure to pay any installment when due may result in dismissal of the case after notice and hearing.
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