"Virginia Bankruptcy Filing Fee"
All Virginia bankruptcy cases require payment of a filing fee as a condition for filing the petition.
Debtors may pay filing fees in installments when supported by an official application. Failure to pay installments can, and probably will, result in
dismissal. Once the clerk accepts the filing fee and assigns a case number, deadlines begin counting downward.
| The Uniform Local Bankruptcy Rules, under Rule 6 (b)(1) provide "Every
petition shall be accompanied by the prescribed filing fee except as provided in subdivision (b)(2) of this
rule. [See Rule 1006, Federal Rules of Bankruptcy Procedure and schedule of fees in 28 U.S.C. 1930(a), as
amended.] The clerk shall collect such filing fees as well as all other statutory fees and charges provided
by Chapter 123 of Title 28, United States Code. |
On March 5, 2004 the Virginia Bankruptcy Courts adopted newly adjusted dollar amounts which apply throughout
the Code. The changes became effective April1, 2004. The adjusted amounts affect the values throughout carious
Code sections, including the eligibility requirement for debtors who file Chapter 13, the value of claims which
the Code treats as a priority claim, the amount of creditor claims need to instigate an involuntary petition,
and the amount of luxury goods and services which may be considered nondischargeable if acquired within 30 days
of filing. These changes to Virginia bankruptcy law were based on the Consumer Price Index published by the US
Dept. of Labor, and increase values to reflect rising prices. These changes became mandatory every three years
beginning in 1994.
Back to Virginia Bankruptcy Court words & phrases.
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