Rule 1006 — Filing Fee

Fed. R. Bankr. P. 1006

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 1006
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 1006

Text

(a) IN GENERAL. Unless (b) or (c) applies, every petition must be
accompanied by the filing fee. In this rule1‘‘filing fee’’ means:
(1) the filing fee required by 28 U.S.C. §1930(a)(1)–(5); and
(2) any other fee that the Judicial Conference of the United
States requires under 28 U.S.C. §1930(b) to be paid upon filing.
(b) PAYINGBYINSTALLMENT.
(1) Application to Pay by Installment. The clerk must accept
for filing an individual’s voluntary petition, regardless of
whether any part of the filing fee is paid, if it is accompanied
by a completed and signed application to pay in installments
(Form 103A).
(2) Court Decision on Installments. Before the meeting of
creditors, the court may order payment of the entire filing fee
or may order the debtor to pay it in installments, designating
the number of installments (not to exceed 4), the amount of
each one, and payment dates. All payments must be made
within 120 days after the petition is filed. The court may, for
cause, extend the time to pay an installment, but the last one
must be paid within 180 days after the petition is filed.
(3) Postponing Other Payments. Until the filing fee has been
paid in full, the debtor or Chapter 13 trustee must not make
any further payment to an attorney or any other person who
provides services to the debtor in connection with the case.
1So in original. Probably should be followed by a comma.

(c) WAIVING THE FILING FEE. The clerk must accept for filing an
individual’s voluntary Chapter 7 petition if it is accompanied by
a completed and signed application to waive the filing fee (Form
103B).

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)