SUA SPONTE ORDER DENYING DEBTOR'S "APPLICATION TO PROCEED IN FORMA PAUPERIS . . ." COMBINED WITH RELATED ORDERS AND NOTICE OF OF THE ENTRY THEREOF
DAVID S. KENNEDY, Chief United States Bankruptcy Judge
It appears to the court, on its own initiative, that the above-named debtor, Charles Grannis, acting pro se ("Debtor"), commenced on August 14, 2002, an original petition under chapter 7 of the Bankruptcy Code accompanied with an application seeking to proceed in forma pauperis without being required to pay the prescribed filing fees under 28 U.S.C. § 1930(a)(1). The court denied the debtor's fee waiver application in an Order dated August 14, 2002. On January 14, 2003, the debtor filed the instant "Application For Leave Of Exception Not To Pay Filing Fees Per `In Forma Pauperis," Or To Pay Fees In Future Installments." Debtor, who is incarcerated at Memphis, Tennessee/FCI, states in this application seeking to proceed in forma pauperis that due to his poverty, he is unable to pay the required filing fees.
By virtue of 28 U.S.C. § 1930(a)(1), as amended by Pub.L. 103-121 (1993), the petitioner-debtor, notwithstanding 28 U.S.C. § 1915, must pay to the United States Bankruptcy Court Clerk the required filing fee when the petition is filed. See also United States v. Kras, 409 U.S. 434 (1973). Simply put, this court does not have the authority to waive the filing fee required by 28 U.S.C. § 1930(a)(1). Compare In re Clark, 173 B.R. 142 (Bankr.W.D.Tenn. 1994). The current prescribed filing fee for a chapter 7 case is $200.00. See 28 U.S.C. § 1930(a)(1) and Items (8) and (10) of the Bankruptcy Court Miscellaneous Fee Schedule promulgated pursuant to and accompanying 28 U.S.C. § 1930(b). The court notes, however, that if a debtor is unable to pay the required filing fee at one time, an application for permission to pay it in installments may accompany the chapter 7 petition. See 28 U.S.C. § 1930(a); FED. R. BANKR. P. 1006(b).
The general in forma pauperis provisions of 28 U.S.C. § 1915 do not apply in bankruptcy cases. 28 U.S.C. § 1930(a).
The installment fee application, OBF No. 3, must contain the proposed terms of the individual debtor's installment payments; state that the individual debtor is unable to pay the prescribed filing fee except in installments; and also state the debtor has paid no money and transferred no property to an attorney or other person for services in connection with the case. See FED. R. BANKR. P. 1006(1),(3). The number of installment payments to be made by the individual debtor may not exceed four, and the final payment ordinarily must be made within 120 days after the commencement of the case. The court, however, may extend the time for the debtor's payment of any installment to a date within 180 days after the filing of the chapter 7 petition, but such extension must be based on cause shown. FED. R. BANKR. P. 1006(b)(2). Failure to comply with any of the foregoing may result in the chapter 7 debtor's case being dismissed. 11 U.S.C. § 707(a)(2). Under the existing circumstances, the court finds cause to extend the time for the debtor to pay the prescribed fee for a period of 180 days from the date of the filing of the petition on August 14, 2002 (i.e., February 10, 2003).
NOTICE IS HEREBY GIVEN that unless the debtor pays to the Bankruptcy Court Clerk the prescribed filing fee on or before February 10, 2003, this case shall be dismissed without further notice.
The Bankruptcy Court Clerk is directed to promptly send copies of this Order and Notice.
Based on the foregoing and the case record as a whole, IT IS SO ORDERED AND NOTICE IS HEREBY GIVEN.