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
Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C. § 1930)
The Fees included in the Bankruptcy Court Miscellaneous Fee Schedule are to be charged for services provided by the bankruptcy courts.
- The United States should not be charged fees under this schedule, with the exception of those specifically prescribed in Items 1, 3 and 5 when the information requested is available through remote electronic access.
- Federal agencies or programs that are funded from judiciary appropriations (agencies, organizations, and individuals providing services authorized by the Criminal Justice Act, 18 U.S.C. § 3006A, and bankruptcy administrators) should not be charged any fees under this schedule.
- For reproducing any document, $.50 per page. This fee applies to services rendered on behalf of the United States if the document requested is available through electronic access.
- For certification of any document, $9.
For exemplification of any document., $18.
- For reproduction of an audio recording of a court proceeding, $26. This fee applies to services rendered on behalf of the United States if the recording is available electronically.
- For filing an amendment to the debtor's schedules, list of creditors, or mailing list, $26, except:
The bankruptcy judge may, for good cause, waive the charge in any case.
This fee must not be charged if -
- the amendment is to change the address of a creditor or an attorney for a creditor listed on the schedules; or
- the amendments is to add the name and address of an attorney for a creditor listed on the schedules.
- For conducting a search of the bankruptcy court records, $26 per name or item searched. This fee applies to services rendered on behalf of the United States if the information requested is available through electronic access.
- For filing a complaint, $250, except:
- If the trustee or debtor-in-possession files the complaint, the fee should be paid by the estate, if there is an estate.
- This fee must not be charged if:
- the debtor is the plaintiff; or
- a child support creditor or representative files the complaint and submits the form required by § 304(g) of the Bankruptcy Reform Act of 1994.
- For filing any document that is not related to a pending case or proceeding, $39.
- Administrative fee for filing a case under Title 11 or when a motion to divide a joint case under Title 11 is filed, $39.
- For payment to trustees pursuant to 11 U.S.C. § 330(b)(2), a $15 fee applies in the following circumstances:
- For filing a petition under Chapter 7.
- For filing a motion to reopen a Chapter 7 case.
- For filing a motion to divide a joint Chapter 7 case.
- For filing a motion to convert a case to a Chapter 7 case.
- For filing a notice of conversion to a Chapter 7 case.
- In addition to any fees imposed under Item 9, above, the following fees must be collected:
- For filing a motion to convert a Chapter 12 case to a Chapter 7 case or a notice of conversion pursuant to 11 U.S.C. § 1208(a), $45.
- For filing a motion to convert a Chapter 13 case to a Chapter 7 case or a notice of conversion pursuant to 11 U.S.C. § 1307(a), $10.
The fee amounts in this item are derived from the fees prescribed in 28 U.S.C. § 1930(a).
If the trustee files the motion to convert, the fee is payable only from the estate that exists prior to conversion.
If the filing fee for the chapter to which the case is requested to be converted is less than the fee paid at the commencement of the case, no refund may be provided.
- For filing a motion to reopen, the following fees apply:
- For filing a motion to reopen a Chapter 7 case, $245.
- For filing a motion to reopen a Chapter 9 case, $1000.
- For filing a motion to reopen a Chapter 11 case, $1000.
- For filing a motion to reopen a Chapter 12 case, $200.
- For filing a motion to reopen a Chapter 13 case, $235.
- For filing a motion to reopen a Chapter 15 case, $1000.
The fee amounts in this item are derived from the fees prescribed in 28 U.S.C. § 1930(a).
The reopening fee must be charged when a case has been closed without a dischage being entered.
The Court may waive this fee under appropriate circumstances or may defer payment of the fee from trustees pending discovery of additional assets. If payment is deferred, the fee should be waived if no additional assets are discovered.
The reopening fee must not be charged in the following situations:
- to permit a party to file a complaint to obtain a determination under Rule 4007(b); or
- when a debtor files a motion to reopen a case based upon an alleged violation of the terms of the discharge under 11 U.S.C. § 524.
- For retrieval of a record from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court, $45.
- For a check paid into the court which is returned for lack of funds, $45.
- For filing an appeal or cross appeal from a final judgment, $250.
This fee is collected in addition to the statutory fee of $5 that is collected under 28 U.S.C. § 1930(c) when a notice of appeal is filed.
Parties filing a joint notice of appeal should pay only one fee.
If a trustee or debtor in possession is the appellant, the fee must be payable only from the estate and to the extent there is any estate realized.
Upon notice from the court of appeals that a direct appeal or direct cross appeal has been authorized, an additional fee of $200 must be collected.
- For filing a case under Chapter 15 of the Bankruptcy Code, $1000.
This fee is derived from and equal to the fee prescribed in 28 U.S.C. § 1930 (a)(4) for filing a case commenced under Chapter 11 of Title 11.
- The court may charge and collect fees commensurate with thte cost of providing copies of the local rules of court. The court may also distribute copies of the local rules without charge.
- 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 Administrative Office of the United States Courts.
- For filing a motion to divide a joint case filed under 11 U.S.C. § 302, the following fees apply:
- For filing a motion to divide a joint Chapter 7 case, $245.
- For filing a motion to divide a joint Chapter 11 case, $1000.
- For filing a motion to divide a joint Chapter 12 case, $200.
- For filing a motion to divide a joint Chapter 13 case, $235.
- For filing the following motions, $150:
- To terminate, annul, modify or condition the automatic stay;
- To compel abandonment of property of the estate pursuant to Rule 6007(b) of the Federal Rules of Bankruptcy Procedure; or
- To withdraw the reference of a case or proceeding under 28 U.S.C. § 157(d).
This fee must not be collected in the following situations:
- For a motion for relief from the co-debtor stay;
- For a stipulation for court approval of an agreement for relief from a stay; or
- For a motion filed by a child support creditor or its representative, if the form required by § 304(g) of the Bankruptcy Reform Act of 1994 is filed.
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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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