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Home 9 Bankruptcy 9 Chapter 7 Fee Waiver in Wisconsin

Chapter 7 Fee Waiver in Wisconsin

by | Sep 30, 2023 | Bankruptcy

Begin your path to a debt-free future with a Chapter 7 fee waiver 

If you are facing the prospect of filing for Chapter 7 bankruptcy in Milwaukee, WI and seeking a Chapter 7 filing fee waiver due to financial hardship, you have come to the right place. Miller & Miller Law, LLC can be your trusted partner in navigating the complex landscape of bankruptcy law. We understand that financial difficulties can be overwhelming, and we are here to provide efficient guidance and support. 

At our law firm in Milwaukee, Wisconsin, we take pride in helping individuals like you achieve financial relief through bankruptcy. Our experienced legal team is well-versed in the nuances of Chapter 7 bankruptcy and the intricacies of securing fee waivers. Our knowledgeable attorneys will work closely with you to assess your financial situation and determine if you qualify for a fee waiver under the applicable bankruptcy laws and local rules. We will help you compile all necessary documentation, ensuring your fee waiver application is complete and persuasive.

Filing for bankruptcy can be stressful, but with Miller & Miller Law, LLC by your side, you can focus on rebuilding your financial future while we handle the legal complexities. If you are ready to take the first step toward a fresh financial start and need assistance with the Chapter 7 fee waiver in Wisconsin, do not hesitate to call us for a free case evaluation. 

Let us help you navigate the path to a debt-free future. Your financial well-being is our priority, and we look forward to assisting you on this journey.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy or liquidation bankruptcy is a legal process in the United States that allows individuals and businesses to eliminate or “discharge” their unsecured debts when they cannot repay them. Below is an overview of Chapter 7 bankruptcy:

  • Eligibility: To file for Chapter 7 bankruptcy, individuals and businesses must meet specific eligibility criteria. The means test is a crucial factor in determining eligibility. It evaluates the debtor’s income, expenses, and household size to assess whether they have enough disposable income to repay their debts. They usually qualify for Chapter 7 if the debtor’s income is below the state’s median income for their household size.
  • Automatic Stay: Once a Chapter 7 bankruptcy petition is filed with the court, an “automatic stay” is established. This legal injunction stops most creditors from pursuing collection actions, such as wage garnishments, lawsuits, or foreclosure during bankruptcy.
  • Discharge of Debts: The primary goal of Chapter 7 bankruptcy is to discharge (eliminate) unsecured debts, such as credit card debt, medical bills, and personal loans. However, certain debts, like child support, alimony, most tax debts, and student loans (unless specific conditions are met) are typically not dischargeable.
  • Credit Impact: Filing for Chapter 7 bankruptcy can significantly impact your credit score and may remain on your credit report for up to ten years. That can make it challenging to obtain credit in the future, but it is still possible to rebuild your credit over time.
  • Non-Dischargeable Debts: Some debts are considered “non-dischargeable”, meaning they cannot be eliminated through Chapter 7 bankruptcy. Debts like secured loans (e.g., mortgages and car loans), certain tax obligations, and debts arising from fraudulent activities or malicious actions are generally not dischargeable.

Remember that bankruptcy laws vary by jurisdiction, and the eligibility criteria, exemptions, and processes may differ from state to state. Before filing for Chapter 7 bankruptcy, it is advisable to consult with our knowledgeable Wisconsin bankruptcy attorney

What is the Application to Acquire the Chapter 7 Filing Fee Waived? 

The “Application to Have the Chapter 7 Filing Fee Waived” is a formal document (typically known as Form 103B) used by individuals filing for Chapter 7 bankruptcy who cannot afford the standard filing fee. This application collects information about the debtor’s financial situation, income, expenses, and household size to determine if they meet the eligibility criteria for a fee waiver. It is submitted to the bankruptcy court as a request for the court to waive the filing fee for their bankruptcy case.

Am I Qualified for a Chapter 7 Fee Waiver in Wisconsin? 

The following situations will qualify you for a fee waiver if you are unable to pay the cost both now and in the future:

  • You are an individual (companies cannot file for bankruptcy).
  • Only those who submit a Chapter 7 bankruptcy petition are qualified for the fee waiver.
  • You can qualify for the waiver if you cannot pay the amount in installments within 120 days.
  •  Your family’s total income must be below 150% of the federal poverty line to be eligible for the fee waiver.

What is the Official Poverty Line? 

The income requirements for the fee waiver were established by the official poverty guidelines released by the US Department of Health and Human Services (DHHS). Even if your salary meets the poverty guidelines, you must submit a sworn declaration under penalty of perjury stating that you cannot pay the fee in installments.

The income restrictions for bankruptcy fee waivers are available on the US Court’s webpage. 

How Do I Complete an Application for a Fee Waiver? 

You must include information regarding your family, income, spending, assets, and property on the Application to Have the Chapter 7 Filing Fee Waived (Form 103B). Your provided data should coincide with the figures indicated on your bankruptcy schedules to retain consistency.

The application will also request the following details:

  • Any payments made or arranged must be provided to a lawyer or any other individual providing services related to your bankruptcy filing.
  • Information on any bankruptcy petitions you may have filed in the prior eight years.

You can put any additional information that clarifies or explains why you cannot pay the charge ahead or in installments on the form. This part should be used to include any pertinent information that will help support your request for a charge waiver.

What Will Be the Court’s Order on My Application for Fee Waiver?

The court has the authority to give one of the listed orders below:

  • Accept the charge waiver and give in to your passion.
  • Set up a hearing where you must show up and present your case.
  • Reject the fee waiver and establish a repayment schedule instead.

Call Us for Help With Your Application for a Chapter 7 Fee Waiver in Wisconsin 

Are you struggling with overwhelming debt and considering Chapter 7 bankruptcy in Milwaukee, WI? Do not let the Chapter 7 filing fee waiver be a roadblock to your fresh financial start. Miller & Miller Law, LLC is here to help you navigate the process and secure the fee waiver you deserve.

Our experienced team understands your challenges and is committed to ensuring your journey to financial freedom is as smooth as possible. With a proven track record of helping clients like you, we have the competence to handle any of your bankruptcy cases with care and precision.

Contact our law firm today, and let us guide you through the fee waiver application process and your entire bankruptcy journey

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