INSTALLMENTS
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Any individual debtor commencing a voluntary case may pay the prescribed filing fee in installments upon application and approval by the court.
NOTE: The payment of the filing fee in installments does not in any way modify the obligation to pay the statutory filing fee in full, even if the case is dismissed prior to completion of payments.
- Corporations, partnerships and involuntary cases are not allowed to pay filing fees in installments.
- Four installment payments or less is required and cannot exceed 120 days.
- For failure to pay any installment of the filing fee, the Court may dismiss the case pursuant to Federal Bankruptcy Rule 1017 (b) (1).
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RETURNED CHECKS
Upon the return of a check by the Federal Reserve Bank to the Bankruptcy Court, the account-holder will immediately receive a telephone call requesting that reimbursement be made the same day with cash or money order.
If a check is returned for lack of funds, Title 28 U.S.C. §1930 requires the Court to collect a $45.00 service charge for the failure of the check to properly clear plus the amount of the original check
If an attorney's check is returned for lack of funds, in addition to the service charge, all future payments, by the attorney, must be made by a certified check, money order or cash unless proof is shown that this was a bank error.
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UNCLAIMED FUNDS
Unclaimed funds, otherwise known as undistributed funds or unclaimed property, results from checks to claimants not being cashed within ninety days of the final distribution. The trustee must, in accordance with 11 U.S.C. § 347(a), stop payment on these checks and then pay all such funds to the Court. The check to the Court is accompanied by a list of amounts due each party. The Bankruptcy Court deposits the check in the U. S. Treasury Checking Account.
If, after payment has been stopped by the trustee, the claimant wishes to be paid, they must request these funds from the Court by preparing a motion and/or letter to the Court for the release of unclaimed funds. If so ordered, the Clerk shall process this order by preparing voucher for payment.
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OTHER REQUIREMENTS
All checks must be payable to "Clerk, U.S. Bankruptcy Court."
The court is unable to refund any money once a receipt has been written and payment has been received, unless the cashier collects funds where no fee is applicable. In such case, a Court order is necessary before any money deposited under 28 U.S.C. § 2041 can be withdrawn, 28 U.S.C. § 2042.
Personal checks from debtors WILL NOT BE ACCEPTED.
Checks must be for the exact amount as no charge can be returned on a check, and all checks must be signed.
The court will not maintain accounts receivable for copy fees, file searches, certification, etc. Fees for all services must be prepaid, other than deferred adversary filing fees, noticing fees and claims fees.
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BANKRUPTCY FEES
Petitions
Fees to be collected
Pursuant to 28 USC §1930 (a), the Clerk shall collect the following fees:
1. for a case commenced under chapter 13 of title 11, $274.00
2. for a case commenced under chapter 7 of title 11, $299.00
3. for a case commenced under chapter 9 of title 11, $1,039.00
4. for a case commenced under chapter 11 of title 11 that does not concern a railroad, $1,039.00
5. for a case commenced under chapter 11 of title 11 concerning a railroad, $1,039.00
6. for a case commenced under chapter 12 of title 11, $239.00
7. for a petition ancillary to a foreign proceeding under chapter 11 USC 304, $1,039.00
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Reopening of cases
If a case under the Bankruptcy Code is reopened the filing fee prescribed by 28 USC §1930(a) must be collected upon the filing of a motion to reopen unless the reopening is to correct an administrative error or for actions related to the discharge. If it is reopened for any other purpose, the appropriate fee to be charged is the same as to the filing fee in effect for commencing a new case on the date of reopening. The court may wave this fee under appropriate circumstances or may defer payment of the fee from trustees pending discovery of additional assets.
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Removals
A notice or application is filed removing an adversary proceeding from another court to the bankruptcy court, the Clerk should collect the adversary proceeding filing fee of $250.00.
Transfers
When an adversary proceeding is transferred from one district to another, the Clerk in the district receiving the transferred proceeding does not collect a second filing fee.
Filing Fees- Appeals
Fees to be collected
1. For docketing a proceeding on appeal or review from a final judgment of a bankruptcy judge pursuant to 28 USC § 158(a) and (b), the fee shall be the same amount as the fee for docketing a case on appeal or review to the appellate court as required by Item 1 of the Court of Appeals Miscellaneous Fee Schedule, $255.00. A separate fee shall be paid by each party filing a notice of appeal in the bankruptcy court, but parties filing a joint notice of appeal in the bankruptcy court are required to pay only one fee.
2. For docketing a cross appeal from a bankruptcy court determination, the fee shall be the same amount as the fee for docketing a case on appeal or review to the appellate court as required by Item 1 of the Courts of Appeals Miscellaneous Fee Schedule ($255.00).
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Conversions
When a case under chapter 7 converts to a case under chapter 11 at the request of the debtor a conversion fee of $755.00 is collected pursuant to 28 USC §1930(a).
When a case under chapter 13 converts to a case under chapter 11 at the request of the debtor a conversion fee of $765.00 is collected pursuant to 28 USC §1930(a).
Others Conversions
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Miscellaneous Fees
Fees to be collected
1. For reproducing any record or paper, $0.50 per page. This fee shall apply to paper copies made from either: (1) original documents or microfiche or (2) microfilm reproductions of the original records. The fee also should be collected for making paper copies of electronically maintained court records such as dockets and creditor lists. This fee shall apply to services rendered on behalf of the United States if the record ir paper requested is available through electronic access.
2. For certifications of any document or paper, whether the certification is made directly on the document or by separate instrument, $9.00. For exemplification of any document or paper, twice the amount of the charge for certification, $18.00.
3. For reproduction of magnetic tape recordings, either cassette or reel-to-reel, $26.00 including the cost of materials.
4. For amendments to a debtor's schedules of creditors or list of creditors,matrix or, mailing lists, $26.00 for each amendment, provided the bankruptcy judge may, for good cause, waive the charge in any case.
5. For every search of the records of the bankruptcy court conducted by the clerk of the bankruptcy court or a deputy clerk, $26.00 per item or item searched. This fee shall apply to services rendered on behalf of the United States if the information requested is available through electronic access.
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6. For filing a complaint, a fee shall be collected in the same amount as the filing fee prescribed in 28 USC 1914(a) for instituting any civil action other than a writ of habeas corpus. If the United States, other than a Unit ed States trustee acting as a trustee in a case under title 11, or a debtor is the plaintiff, no fee is required. If the trustee or debtor in possession is the plaintiff the fee should be payable only from the estate and to the extent there is any estate realized. If a child support creditor or its representative is the plaintiff , and if such plaintiff files the form required by § 304(g) of the Bankruptcy Reform Act of 1994, no fee is required. The amount to be collected is $250.00.
7. For filing or indexing any paper not in case or proceeding for which the filing fee has been paid, including registering a judgment from another district, $39.00.
8. In all cases filed under Title 11, the clerk shall collect from the debtor or the petitioner a miscellaneous administrative fee of $39.00. This fee may be paid in installments in the same manner that the filing fee may be paid in installments, consistent with the procedure set forth in Federal Rule of Bankruptcy Procedure 1006.
9. Upon the filing of a petition under chapter 7 of the Bankruptcy Code, the petitioner shall pay $15.00 to the clerk of the court for payment to trustees serving in cases as provided in 11 USC § 330 (b)(2). An application to pay the fee in installments may be filed in the manner set forth in Federal Rule of Bankruptcy Procedure 1006(b).
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10. Conversions: If the trustee serving in the case before the conversion is the movant, the fee shall be payable only from the estate that exists prior to conversion.
11. For Filing a motion to reopen a Bankruptcy Code case, a fee shall be collected in the same amount as the filing fee prescribed by 28 U.S.C. § 1930(a) for commencing a new case on the date of reopenning, unless the reopenning is to correct an administrative error of for actions related to the debtor's discharge. The court may waive this fee under approriate circumsatnces or may defer payment of the fee from turstees pending discovery of additional assets.
12. For each microfiche sheet or film or microfilm jacket copy of any court record, $5.00.
13. For retrieval or a record from a Federal Records Center, National archives or other storage location removed from the place of business of the court, $45.00
14. For a check paid into the court which is returned for lack of funds, $45.00.
15. For docketing a proceeding on appeal or review from a final judgment of a bankruptcy judge pursuant to 28 U.S.C. § 158(a) and (b), the fee shall be the same amount as the fee for docketing a case on appeal or review to the appellate court as required by Item I of the Courts of Appeals Miscellaneous Fee Schedule. A separate fee shall be paid by each party filing a notice of appeal in the bankruptcy court, but parties filing a joint notice of appeal in the bankruptcy court are required to pay only one fee, $255.00.
16. For filing a petition ancillary to a foreign proceeding under 11 U.S.C. § 304, the fee shall be the same amount as the fee for a case commenced under chapter 11 of title 11 as required by 28 U.S.C. § 1930(a)(3), $1,039.00.
17. The court may charge and collect fees commensurate with the cost of providing copies of the local rules of court. The court may also distribute copies of the local rules without charge.
18. The clerk shall assess a charge for the handling of registry funds deposited with the court, to be assessed from interest earnings and in accordance with the detailed fee schedule issued by the Director of the Administrative Office of the United States Courts.
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19. When a joint case filed under § 302 of title ll is divided into two separate cases at the request of the debtor(s), a fee shall be charged equal to one-half the current filing fee for the chapter under which the joint case was commenced. When a joint case is split, however, an entirely new case is created and is administered separately from the original case. The Conference approved modifying this fee to provide that the fee for splitting a case should be equal to the statutory filing fee for filing a second separate original petition.
| Fee for Splitting Case - Chapter 7 = |
$260.00 |
| Fee for Splitting Case - Chapter 13 = |
$235.00 |
| Fee for Splitting Case - Chapter 11 = |
$1,000.00 |
| Fee for Splitting Case - Chapter 12 = |
$200.00 |
20. For filing a motion to terminate, annul, modify, or condition the automatic stay provided under § 362(a) of title 11, a motion to compel abandonment of property of the estate pursuant to Rule 6007(b) of the Federal Rules of Bankruptcy Procedure, or a motion to withdraw the reference of a case or proceeding under 28 U.S.C. § 157(d), $150.00. No fee is required for a motion for relief from the co-debtor stay or for a stipulation for an agreement for relief from a stay. If a child support creditor or its representative is the movant, and if such movant files the form required by § 304(g) of the Bankruptcy Reform Act of 1994, no fee is required.
21. For docketing a cross appeal from a bankruptcy court determination, the fee shall be the same amount as the fee for docketing a case on appeal or review to the appellate court as required by Item 1 of the Courts of Appeals Miscellaneous Fee Schedule, $255.00.
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Electronic Public Access Miscellaneous Fee Schedule
The following are fees charged by the courts in connection with electronic public access to court records. These fees shall apply to the United States unless otherwise stated. No fees under this schedule shall be charged to federal agencies or programs which are funded from judiciary appropriations, including, but not limited to, agencies, organizations, and individuals providing services authorized by the Criminal Justice Act, 18 U.S.C. § 3006A, and bankruptcy administrator programs.
1. For usage of electronic access to court data via dial up service: sixty cents per minute. For public users obtaining information through a federal judiciary Internet site: seven cents per page. The court may, for good cause, exempt persons or classes of persons from the fees, in order to avoid unreasonable burdens and to promote public access to such information. Attorneys of record and parties in a case (including prose litigants) receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. No fee is owed under this provision until an account holder accrues charges of more than $10 in a calendar year.
2. For printing copies of any record or document accessed electronically at a public terminal in the courthouse: ten cents per page. This fee shall apply to services rendered on behalf of the United States if the record requested is remotely available through electronic access.
3. For every search of court record conducted by the PACER Service Center, $26.00
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