Costs and Fees for Emergency Bankruptcy Filing in Pennsylvania

Bankruptcy may be the best solution to your financial problems. If you are in dire straits and need to file for bankruptcy now to take advantage of the automatic stay that would shield you from creditors’ legal action, our team can help you file an emergency petition. Keep in mind, filing a bankruptcy petition comes with fees.

The fees required when filing an emergency bankruptcy petition will depend on your petition. Chapter 7 fees total $338. If you file a Chapter 13 petition, you must pay a total fee of $313. Fees are usually paid in full and up front. However, you may elect to pay in installments. If you truly cannot pay the fee, we can submit a fee waiver, but the fee is not guaranteed to be waived for everyone.

To start your emergency petition, call our Philadelphia bankruptcy lawyers with Young, Marr, Mallis & Associates at (215) 701-6519 and ask for a free legal review.

How Much Does it Cost to File an Emergency Bankruptcy Petition in Pennsylvania?

Unfortunately, filing for bankruptcy is not free. Petitioners must pay a fee, which can be difficult for many, as most petitioners are already in financial trouble. Below are the fees for some of the more common petitions filed by individuals or married couples.

Chapter 7 Fees

One of the most common bankruptcy petitions is a Chapter 7 petition. When filing an emergency petition, only a few select documents and forms are required for the initial filing. Once filed, an automatic stay may be imposed, which protects you from legal action from creditors, like foreclosure.

To file an emergency Chapter 7 bankruptcy petition, you must pay a fee of $338. This fee includes the filing fee for the petition, as well as a $15 trustee fee and a $78 administrative fee.

Chapter 13 Fees

You might instead wish to file an emergency Chapter 13 bankruptcy petition. Again, an emergency petition requires only a few forms and documents. All remaining documents must be filed within 14 days of the initial filing.

An emergency Chapter 13 petition involves a total fee of $313. Like the Chapter fee, this includes a $78 administrative fee. However, there is no trustee fee, as a bankruptcy trustee is not required for a Chapter 13 case.

Paying Fees in Installments

Bankruptcy fees can be expensive, especially for those facing financial struggles. If the fee is too much for you to afford up front, you may be able to pay it over time in installments.

To pay the fee in installments, our Pennsylvania bankruptcy attorneys must submit Form 103A along with your emergency bankruptcy petition. If approved, you may be allowed to pay the fee in up to four monthly installments. The total fee must be paid in full within 120 days of the initial filing.

Fee Waivers

It is possible to have the fee completely waived, and you will not have to pay anything when we file your emergency petition. However, fee waivers are available only for Chapter 7 petitions, not Chapter 13 petitions. To waive the fee, we must prove that you satisfy specific criteria required by the court.

First, we must prove that your income is less than 150% of the income at the official poverty line for your family or household size. This number is determined by the federal Department of Health and Human Services’ poverty guidelines.

Second, we must be able to prove that you cannot afford to pay the fee in installments. Remember, the fee must be paid within 4 months, which may be more than many can afford.

When Do You Pay the Fee to File an Emergency Bankruptcy Petition?

Bankruptcy fees can pose a significant financial hurdle for petitioners who are already struggling with their finances and debts. Knowing when to pay the fee may help petitioners plan ahead, even when filing emergency petitions.

Payment for the Initial Filing

Bankruptcy filing fees are generally required up front when you file the initial petition. This goes for standard petitions and emergency petitions. If you wish to pay the entire fee up front, you must include payment in your initial filing.

As mentioned, you may opt to pay the fee in a four-month installment plan. The first payment would be due upon filing, with the remaining payments paid within the next 120 days.

Filing Remaining Documents and Forms

When filing an emergency petition, only a few documents and forms are required at the initial filing to start the case and activate the automatic stay. You should not have to pay additional fees when filing the remaining forms necessary for your bankruptcy case. These forms must be filed within 14 days of the initial filing.

If you pay the entire fee up front, you do not need to pay any additional fees when filing the remaining forms and documents. If you are on an installment plan, you would make payments according to the plan’s terms, regardless of when we file the remaining documents.

Filing Amendments to Your Emergency Petition

Many bankruptcy petitioners realize that certain information on their initial filing must be altered later. This may be due to a clerical error or minor oversight, and the court generally allows petitioners to make amendments, within reason.

If we must amend the debtor’s schedules, list of creditors, or the creditor mailing list, there is a $34 fee. However, a bankruptcy judge may waive this fee in any case for good cause.

FAQs About Filing for Emergency Bankruptcy in Pennsylvania

What is an Emergency Bankruptcy Petition?

An emergency bankruptcy petition is a petition that includes only the bare minimum forms and documents needed to begin the case. All remaining documents must be filed within 14 days. Emergency petitions are often filed when petitioners want to avoid imminent adverse legal action from creditors.

How Much Does it Cost to File an Emergency Bankruptcy Petition?

The fee for filing a Chapter 7 emergency petition is $338. The fee for a Chapter 13 petition is $313. This is the total fee, including administrative costs and a trustee fee for Chapter 7 petitions.

What if You Cannot Afford to Pay the Fees to File an Emergency Bankruptcy Petition?

If you cannot afford the fee, it may be possible to be placed on a four-month installment plan. Alternatively, you may have the fee waived if your income is at least 150% below the poverty line for your income and household size, and you cannot afford the installment plan.

How Soon Do You Need to Pay the Fee for an Emergency Bankruptcy Petition?

Generally, fees must be paid in full and up front unless special circumstances exist. The fee may be paid over time if you are placed on an installment plan. If you do not pay the fee, your case may be dismissed, unless the fee is waived.

When Should You Contact a Lawyer About Filing an Emergency Bankruptcy Petition?

You should contact an attorney about filing an emergency petition right now. If creditors are taking adverse legal action against you, such as initiating foreclosure, you must file an emergency petition as soon as possible.

Ask Our Pennsylvania Bankruptcy Attorneys for Help Now

To start your emergency petition, call our Pennsylvania bankruptcy lawyers with Young, Marr, Mallis & Associates at (215) 701-6519 and ask for a free legal review.