The filing fee charged by the Clerk of the Court is $200 for either a single or a joint case. If a debtor is unable to pay the filing fee when the case is filed, it may be paid in installments, with the final installment due within 120 days. The entire filing fee must be paid, however, or the case will be dismissed and the debtor will not receive a discharge. The fee charged by the debtor's attorney for handling the Chapter 7 case is in addition to the filing fee.

Where is a chapter 7 case filed?

In the office of the clerk of the bankruptcy court in the district where the debtor has resided or maintained a principal place of business for the greatest portion of the last 180 days. The bankruptcy court is a federal court and is a unit of the United States district court. The bankruptcy court for Western Washington is located in Tacoma, but most hearings and proceedings are held in Vancouver if this is where you live.

May a husband and wife file jointly if there is a divorce pending ?

Yes. A husband and wife may file a joint petition under chapter 7 at any time prior to the entry of a Decree of Dissolution of Marriage. If a joint petition is filed, only one set of bankruptcy forms is needed and only one filing fee is charged. Both husband and wife should file if one or more substantial dischargeable debts are owed by both spouses. If both spouses are liable for a debt and only one spouse files under chapter 7, the creditor may later try to collect the debt from the nonfiling spouse's separate property after a divorce is final.

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