§ 113.2 — Filing Fee Payment Requirement
Revised: June 7, 2004
Section 1325(a)(2) imposes a requirement for confirmation that the debtor has paid any fee or charge required by Chapter 123 of Title 28 or by the plan that has to be paid before confirmation. In a Chapter 13 case, the filing fee and miscellaneous fee in 28 U.S.C. § 1930(a)(1) are included in the mandate under § 1325(a)(2).1 Section 1325(a)(2) does not necessarily require that the filing fee be paid in full as a condition for confirmation. If the debtor requested permission to pay the filing fee in installments,2 confirmation can proceed as long as the debtor is not in default of the order permitting installment payments.3
In some jurisdictions, it is routine for debtors to pay the filing fee through the confirmed Chapter 13 plan. The plan provision for the payment of the filing fee presumably satisfies § 1325(a)(2). In jurisdictions that delay confirmation until after the claims bar date,4 payment of filing fees through the confirmed plan may exceed the installment payment limitations in Bankruptcy Rule 1006(b).5 Also, Bankruptcy Rule 1006(b)(3) prohibits payment of any attorney fees until after payment in full of the filing fees.
1 See § 38.3 [ Filing Fee and Option to Pay in Installments ] § 37.5 Filing Fee and Option to Pay in Installments.
2 See § 36.6 [ Application to Pay Filing Fee in Installments ] § 36.29 Application to Pay Filing Fee in Installments.
3 See In re Ennis, 178 B.R. 189, 190 (Bankr. W.D. Mo. 1995) (Confirmation was denied because the debtor failed to pay the filing fee in installments before confirmation. “The plan cannot be confirmed because it violates 28 U.S.C. § 1930, which requires the fee, 11 U.S.C. § 1325(a)(2), which requires the filing fee to be paid before confirmation, and Bankruptcy Rule 1006, which requires the filing fee to accompany the petition at the commencement of the case unless payment in installments is permitted, in which case all installments must be paid within 120 days after filing of the petition. Debtors must pay the filing fee or the case must be dismissed. . . . Debtors have refused to pay the required fee. Thus, the plan also violates § 1325(a)(3) because the refusal to pay indicates the plan has not been proposed in good faith and not by any means forbidden by law.”).
4 See § 216.1 [ Timing of Hearing on Confirmation ] § 115.1 Timing of Hearing on Confirmation before BAPCPA.
5 Bankruptcy Rule 1006(b) permits payment of filing fees in installments, but the last installment must be paid “not later than 180 days” after the petition. The claims bar date for governmental units under § 502(b)(9) and Bankruptcy Rule 3002 is 180 days after the petition. See § 276.1 [ Governmental Units ] § 132.3 Governmental Units.