Notice Regarding Processing of Applications for Waiver of Chapter 7 Filing Fee

Release Date: 
Friday, July 13, 2012

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NOTICE REGARDING PROCESSING OF APPLICATIONS FOR WAIVER OF CHAPTER 7 FILING FEE

Federal Rule of Bankruptcy Procedure 1006(c) provides that a voluntary Chapter 7 petition filed by an individual shall be accepted for filing if accompanied by the debtor’s application requesting a waiver of the filing fee under 28 U.S.C. § 1930(f) prepared on the prescribed Official Form.

PLEASE TAKE NOTICE that effective immediately, no application to waive the Chapter 7 filing fee will be granted until seven (7) days after the conclusion of the § 341 meeting of creditors. After such date, the Court will either grant the application, deny the application, or set the application for hearing. In the event that the Court schedules a hearing on the application, the debtor shall attend the hearing. If the debtor fails to attend the hearing, the Court will deny the application. The Chapter 7 trustee is not required to attend the hearing, but may attend the hearing or participate in the hearing by telephone, provided that advance arrangements are made with the chambers for the bankruptcy judge assigned to the case. Although this procedure provides that no application for waiver of the Chapter 7 filing fee will be granted until seven (7) days after the conclusion of the § 341 meeting of creditors, an application for waiver of the Chapter 7 filing fee may be denied prior to that date if the Court determines that the debtor is not eligible for a waiver pursuant to 28 U.S.C. § 1930(f).