CS34 CH7 Or CH13 Fee Schedule
User Manual: CS34-CH7 or CH13
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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK FEE SCHEDULE DECEMBER 1, 2016 PAYMENT OPTIONS All filing fees must be paid by one of the following options: attorneys check; money order; certified bank check; cash or credit card (Visa, MasterCard, American Express or Discover) - *pro-se debtors must make all payments in cash or money order made payable to the “CLERK, U.S. BANKRUPTCY COURT.” Personal and Third Party Checks cannot be accepted. Do NOT send cash through the mail. New Case Filings - Fee Schedule Chapter 7 Chapter 7 Chapter 9 Chapter 11 Chapter 11 Chapter 12 Chapter 13 Chapter 15 Voluntary - Liquidation Involuntary Municipality Bankruptcy Corporation; Partnership or Individual Involuntary Family Farmer or Family Fisherman Bankruptcy Individual Debt Adjustment Ancillary and Other Cross-Border Cases Miscellaneous Filing Fees Total Fees $335.00 $335.00 $1,717.00 $1,717.00 $1,717.00 $275.00 $310.00 $1,717.00 Total Fees Complaints and Removal Actions [If the United States or a debtor is the plaintiff, no fee is required] $350.00 Notice of Appeal or Cross Appeal from a Final Judgment [$5.00 notice of appeal fee + $293.00 docket fee] $298.00 $5.00 Notice of Appeal from Interlocutory Order Amendment to Bankruptcy Schedules or List of Creditors [Fees apply to add or delete a creditor from schedules D, and/or E/F] NOTE: The bankruptcy judge may, for good cause, waive the charge in any case. $31.00 Certification $11.00 Exemplification of documents $22.00 Record Search $31.00 Abstract of Judgment $30.00 [Fees include certification fees] Document Filing/Indexing [Filing any document that is not related to a pending case or proceeding, this includes registering a judgment from another district] $47.00 Record Retrieval $64.00 [For retrievals involving multiple boxes, $39.00 for each additional box] • Electronic Retrieval Fees $10.00 • FRC Electronic Retrieval Flat Fee $9.90 • FRC Electronic Retrieval Rate of $0.65 per page Notice of Voluntary Conversion $25.00 Any Payment Returned or Denied for Insufficient Funds $53.00 Audio Recording $31.00 Photocopies – per page $0.50 Electronic Printouts $0.10 1 Motion Fees Total Fees Motion to Terminate, Annul, Modify or Condition the Automatic Stay Motion to Compel Abandonment pursuant to Rule 6007(b) Motion to Withdraw Reference under 28 U.S.C. § 157(d) Motion to Sell Property of the Estate Free and Clear of Liens under 11 U.S.C § 363(f) Motion to Sever (Split/Divide a Joint Case) Chapter 7 Motion to Sever(Split/Divide a Joint Case) Chapter 13 Motion to Sever (Split/Divide a Joint Case) Chapter 11 Motion to Sever (Split/Divide a Joint Case) Chapter 12 Motion to Appear Pro Hac Vice $181.00 $181.00 $181.00 $181.00 $335.00 $306.00 $1,717.00 $275.00 [$150.00 attorney admission fee payable to the CLERK, U.S. BANKRUPTCY COURT, is due with the filing of the Motion.] Motion to Reopen Case - Ch7 Motion to Reopen Case - Ch9 Motion to Reopen Case - Ch11 Motion to Reopen Case - Ch12 Motion to Reopen Case - Ch13 Motion to Reopen Case - Ch15 Motion to Convert Case - Ch7 to Ch11 Motion to Convert Case - Ch13 to Ch11 Motion to Convert Case - Ch11 to Ch7 Motion to Convert Case - Ch13 to Ch7 Motion to Convert Case - Ch12 to Ch7 Motion to Convert Case - Ch12 to Ch13 Motion to Convert Case - Ch12 to Ch11 Motion to Convert IFP Case - Ch7 to Ch13 Motion to Redact a Record [$25.00 per affected case] $150.00 $260.00 $1,167.00 $1,167.00 $200.00 $235.00 $1,167.00 $922.00 $932.00 $15.00 $25.00 $60.00 $35.00 $800.00 $310.00 $25.00 Fee Exemptions Motion for Relief From Stay - filed by the following: • • • Child Support Creditor or its Representative, if Form 2810 (Appearance of Child Support Creditor or Representative) required by § 304(g) of the Bankruptcy Reform Act of 1994 is filed. Stipulation for Court Approval of an Agreement for Relief From a Stay Motion filed by a Co-debtor Motion to Reopen – filed for the following reasons: • • • To permit a party to file a complaint to obtain a determination under Rule 4007(b) Filed by debtor to reopen case based upon an alleged violation of the terms of the discharge under 11 U.S.C. § 524; or Reopened to correct an administrative error NOTE: • • • • The fee is DUE upon filing a request to reopen a case in which the court did not enter a discharge due to the debtor’s failure to file a “Certificate of completion of a Financial Management Course.” The court may waive the filing fee under appropriate circumstances or defer payment of the fee from trustees pending discovery of additional assets – [If the payment is deferred, the fee should be waived if no additional assets are discovered.] IFP Applicants – Debtors previously awarded approval to waive the court’s initial filing fee, when filing a motion to reopen must file with the court a NEW application to waive the reopening fee. The reopening fee will not be charged if the only reason for reopening is to redact a record already filed in a case, pursuant to Fed. R. Bankr. P. 9037. 2 Fee Exemptions Federal Agencies: • The exemption for the “United States” contained in the court miscellaneous fee schedules applies exclusively to any department, agency, or instrumentality in the executive or legislative branches of the United States Government (USG), any independent federal agency or wholly-owned USG corporation, and Federal Reserve banks and branches. • The exemption is not available for private individuals or entities solely because of contractual relationships with federal government entities. • Entities seeking to receive this (or any) fee exemption bear the burden of establishing that they are entitled to the exemption. FEE ASSESSMENTS Court Fees Administrative Fees - For filing a case under Title 11 or when a motion to divide a joint case under Title 11 is filed. • For filing a petition under Chapter 7, 12 or 13: $75.00 • For filing a petition under Chapter 9, 11 or 15: $550.00 • • When a motion to divide a joint case under Chapter 7, 12 or 13 is filed: $75.00 When a motion to divide a joint case under Chapter 11 is filed: $550.00 Trustee’s Fee - Pursuant to 11 U.S.C. § 330(b)(2) a trustee fee applies to the following: • • • • • 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 $15.00 Amendments – The filing fee does NOT apply in any of the following instances: • • Changing the address of a creditor or the attorney for the creditor Adding the Name and Address of an Attorney for a creditor listed on the schedules. $31.00 Appeals – All fees are NOT due at the time of filing in certain instances: • • Fees on Appeals or Cross Appeal filed by the Bankruptcy Trustee and/or Chapter 11 Debtorin-possession are payable only from the estate (if applicable). This pertains to the $293.00 docketing fee ONLY; the $5.00 Notice of Appeal Fee authorized under 28 U.S.C. § 1930 (c) must be paid at the time of filing by any party filing a Notice of Appeal or Cross Appeal.] NOTE: A separate fee is to be paid by each party filing a Notice of Appeal or Cross Appeal. [Exceptions: Parties filing a Joint Notice of Appeal are required to pay ONLY ONE FEE.] $298.00 Direct Appeals – Upon notice from the Court of Appeals that a direct appeal from the bankruptcy court has been authorized, the Appellant shall pay an additional fee. $207.00 Complaint (Adversary Proceedings) – The filing fee is NOT due if any of the following apply: • • • If the trustee or debtor-in-possession files the complaint, the fee should be paid by the estate (if applicable) If the debtor is the Plaintiff If the Plaintiff is a Child Support Creditor or Representative; parties must file with the court Form 2810 (Appearance of Child Support Creditor or Representative) required by § 304(g) of the Bankruptcy Reform Act of 1994 3 $350.00 Conversions (Motion to Convert or Notice of Conversion) - If the filing fee for the chapter to which the case is requested to be converted exceeds that of the initial filing fee of the original chapter a fee will be assessed to ensure that all debtors pay the same amount. • • • • Ch. 11 to Ch. 7: $15.00 (Trustee Fee) Ch. 13 to Ch. 7: $25.00 ($15.00 Trustee Fee + $10.00 filing fee differential) Ch. 12 to Ch. 7: $60.00 ($15.00 Trustee Fee + $45.00 filing fee differential) Ch. 12 to Ch. 13: $35.00 (filing fee differential) Exceptions: Fees assessed for converting to a chapter 11 from either a chapter 7 or 13 are pursuant to 28 U.S.C § 1930(a). Motion to Split (Sever/Divide a Joint Case under 11 U.S.C. § 302) – The fee to Split – Sever/Divide a joint case into two separate cases at the request of the debtor(s) is the same as the filing fee for the Chapter under which the joint case was commenced, plus the $75.00 administrative fee for Chapters 7, 12 and 13; $550.00 administrative fee for Chapter 11; plus the $15.00 Chapter 7 Trustee’s fee. • Ch. 7: $245.00 + $75.00 Administrative Fee + $15.00 Trustee Fee = $335.00 • Ch. 12: $200.00 + $75.00 Administrative Fee = $275.00 • Ch. 13: $235.00 + $75.00 Administrative Fee = $310.00 • Ch. 11: $1167.00 + $550.00 Administrative Fee = $1717.00 Motion to Reopen: Applicable filing fees due upon filing a Motion to Reopen Case: • • • • • • • Chapter 7 Trustee Fee – Payment pursuant to 11 U.S.C. § 330(b)(2) Chapter 7: $245.00 + $15.00 Trustee Fee = $260.00 Chapter 9: $1167.00 Chapter 11: $1167.00 Chapter 12: $200.00 Chapter 13: $235.00 Chapter 15: $1167.00 NOTE: The $75.00 administrative fee due upon filing a petition is NOT due upon reopening. Retrieval Fee - For retrieval of one box of records from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court. NOTE: • • • • • • An additional “Retrieval Fee” may be applied to motions filed to reopen the case if the file is no longer available at the court. A waiver or deferment of filing fee for a motion to reopen a case for trustee’s discovery of assets does not apply to a waiver of “Retrieval Fee.” For retrievals involving multiple boxes, $39.00 for each additional box. Electronic Retrieval Fees $10.00 FRC Electronic Retrieval Flat Fee $9.90 FRC Electronic Retrieval Rate of $0.65 per page 4 $64.00
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