§ 1930 Bankruptcy fees
§ 1930. Bankruptcy fees
(a) The parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title, the following filing fees:
(1) For a case commenced under--
(A) chapter 7 of title 11, $245, and
(B) chapter 13 of title 11, $235.
(2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under section 1931 of this title.
(3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $1,000.
(4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000.
(5) For a case commenced under chapter 12 of title 11, $200.
(6) In addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each case under chapter 11 of title 11 for each quarter (including any fraction thereof) until the case is converted or dismissed, whichever occurs first. The fee shall be $325 for each quarter in which disbursements total less than $15,000; $650 for each quarter in which disbursements total $15,000 or more but less than $75,000; $975 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,625 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,950 for each quarter in which disbursements total $225,000 or more but less than $300,000; $4,875 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $6,500 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $9,750 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $10,400 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $13,000 for each quarter in which disbursements total $5,000,000 or more but less than $15,000,000; $20,000 for each quarter in which disbursements total $15,000,000 or more but less than $30,000,000; $30,000 for each quarter in which disbursements total more than $30,000,000. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.
(7) In districts that are not part of a United States trustee region as defined in section 581 of this title, the Judicial Conference of the United States may require the debtor in a case under chapter 11 of title 11 to pay fees equal
to those imposed by paragraph (6) of this subsection. Such fees shall be deposited as offsetting receipts to the fund established under section 1931 of this title and shall remain available until expended.
An individual commencing a voluntary case or a joint case under title 11 may pay such fee in installments. For converting, on request of the debtor, a case under chapter 7, or 13 of title 11, to a case under chapter 11 of title 11, the debtor shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title, a fee of the amount equal to the difference between the fee specified in paragraph (3) and the fee specified in paragraph (1).
(b) The Judicial Conference of the United States may prescribe additional fees in cases under title 11 of the same kind as the Judicial Conference prescribes under section 1914(b) of this title.
(c) Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or a writ of certiorari $5 shall be paid to the clerk of the court, by the appellant or petitioner.
(d) Whenever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs.
(e) The clerk of the court may collect only the fees prescribed under this section.
(f)(1) Under the procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive the filing fee in a case under chapter 7 of title 11 for an individual if the court determines that such individual has income less than 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved and is unable to pay that fee in installments. For purposes of this paragraph, the term “filing fee” means the filing fee required by subsection (a), or any other fee prescribed by the Judicial Conference under subsections (b) and (c) that is payable to the clerk upon the commencement of a case under chapter 7.
(2) The district court or the bankruptcy court may waive for such debtors other fees prescribed under subsections (b) and (c).
(3) This subsection does not restrict the district court or the bankruptcy court from waiving, in accordance with Judicial Conference policy, fees prescribed under this section for other debtors and creditors.
JUDICIAL CONFERENCE SCHEDULE OF FEES
Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C. § 1930)
(Effective 5/19/2011)
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.
(1) 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.
(2) For certification of any document, $9.
For exemplification of any document, $18.
(3) 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.
(4) For filing an amendment to the debtor's schedules of creditors, lists 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 amendment is to add the name and address of an attorney for a creditor listed on the schedules.
(5) 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.
(6) For filing a complaint, $250, except:
• If the trustee or debtor-in-possession files the complaint, the fee must be paid only by the estate, to the extent 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.
(7) For filing any document that is not related to a pending case or proceeding, $39.
(8) Administrative fee for filing a case under Title 11 or when a motion to divide a joint case under Title 11 is filed, $39.
(9) 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.
(10) 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.
(11) 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 discharge 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; or
• when the reopening is to correct an administrative error.
(12) 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.
(13) For a check paid into the court which is returned for lack of funds, $45.
(14) For filing an appeal or cross appeal from a judgment, order, or decree, $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 paid only by the estate, to the extent there is an estate. 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.
(15) 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)(3) for filing a case commenced under Chapter 11 of Title 11.
(16) 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.
(17) 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.
For management of registry funds invested through the Court Registry Investment System, a fee at a rate of 2.5 basis points shall be assessed from interest earnings.
(18) For a motion filed by the debtor 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.
These fees are derived from and equal to the filing fees prescribed in 28 U.S.C. § 1930(a).
(19) 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.
ELECTRONIC PUBLIC ACCESS FEE SCHEDULE (eff. 8/1/2010)
(Issued in Accordance with 28 U.S.C. §§ 1913, 1914, 1926, 1930, 1932)
As directed by Congress, the Judicial Conference has determined that the following fees are necessary to reimburse expenses incurred by the judiciary in providing 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.
I. For electronic access to court data via a federal judiciary Internet site: eight cents per page, with the total for any document, docket sheet, or case-specific report not to exceed the fee for thirty pages--provided however that transcripts of federal court proceedings shall not be subject to the thirty-page fee limit. For electronic access to an audio file of a hearing in a district court, bankruptcy court, or the Court of Federal Claims via a federal judiciary Internet site: $2.40 per audio file.
Attorneys of record and parties in a case (including pro se 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 quarterly billing cycle. Consistent with Judicial Conference policy, courts may, upon a showing of cause, exempt indigents, bankruptcy case trustees, individual researchers associated with educational institutions, courts, section 501(c)(3) not-for-profit organizations, court appointed pro bono attorneys, and pro bono ADR neutrals from payment of these fees. Courts must find that parties from the classes of persons or entities listed above seeking exemption have demonstrated that an exemption is necessary in order to avoid unreasonable burdens and to promote public access to information.
Any user granted an exemption agrees not to sell for profit the data obtained as a result. Any transfer of data obtained as the result of a fee exemption is prohibited unless expressly authorized by the court. Exemptions may be granted for a definite period of time and may be revoked at the discretion of the court granting the exemption.
II. 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.
III. For every search of court records conducted by the PACER Service Center, $26 per name or item searched.
IV. For the PACER Service Center to reproduce on paper any record pertaining to a PACER account, if this information is remotely available through electronic access, 50 cents per page.
V. For a check paid to the PACER Service Center which is returned for lack of funds, $45.
JUDICIAL CONFERENCE POLICY NOTES
Courts should not exempt local, state or federal government agencies, members of the media, attorneys or others not members of one of the groups listed above. Exemptions should be granted as the exception, not the rule. A court may not use this exemption language to exempt all users. An exemption applies only to access related to the case or purpose for which it was given. The prohibition on transfer of information received without fee is not intended to bar a quote or reference to information received as a result of a fee exemption in a scholarly or other similar work.
The electronic public access fee applies to electronic court data viewed remotely from the public records of individual cases in the court, including filed documents and the docket sheet. Electronic court data may be viewed free at public terminals at the courthouse and courts may provide other local court information at no cost. Examples of information that can be provided at no cost include: local rules, court forms, news items, court calendars, opinions, and other information--such as court hours, court location, telephone listings--determined locally to benefit the public and the court.
STATEMENT RESPECTING 1988 AMENDMENTS FROM ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
The Director of the Administrative Office of the United States Courts in a memorandum to the Chief Judges of the United States Courts of Appeals, United States District Courts, and United States Bankruptcy Courts, dated April 19, 1988, provided in part that: “The amendment establishing a fee for filing a petition ancillary to a foreign proceeding under § 304 of the Bankruptcy Code will become effective May 1, 1988. The amendment expanding the exemption for services rendered ‘to the United States’ to include services rendered to bankruptcy administrators simply expresses a policy which has been in effect since the creation of the bankruptcy administrator program by Congress in the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986. [Pub.L. No. 99-554, § 302(d)(3)(I).]”
Statement from 1989 Meeting of Judicial Conference
The Judicial Conference, at the September 20, 1989 meeting, provided in part that Item 21 takes effect on December 21, 1989. The Conference further provided that: “The remaining fees, Items 20 and 22, take effect on January 11, 1990, pending approval of the Appropriations Committees.”
Registry Fund Fees--Item 19 (54 FR 20407, May 11, 1989)
Effective June 12, 1989, a fee will be assessed for handling funds deposited in noncriminal proceedings with the court and held in interest bearing accounts or instruments pursuant to 28 U.S.C. § 2041 and Federal Rules of Civil Procedure rule 67. For new accounts, i.e., investments made on or after June 12, 1989, the fee will be equal to the first 45 days income earned on the deposit. Each subsequent deposit of new principal in the same case or proceeding will be subject to the fee. Reinvestment of prior deposits will not be subject to the fee. For existing accounts, i.e., investments held by the court prior to June 12, 1989, a fee will be assessed equal to the first 45 days of income earned beginning 30 days after June 12, 1989. Subsequent deposits of new principal in the same account will be subject to the fee. Subsequent reinvestment of existing deposits will not be subject to the fee.
The fee will apply only once to each sum deposited regardless of the length of time deposits are held and will not exceed income actually earned on the account.
The fee does not apply in the District Courts of Guam, Northern Mariana Islands, the Virgin Islands, the United States Claims Court, or other courts whose fees are not set under 28 U.S.C. § 1930.
Registry Fund Fees--Item 19 (55 F.R. 42867, October 24, 1990)
Effective December 1, 1990, the registry fee assessment provisions were revised and converted from a one-time charge equal to all income earned in the first 45 days of the investment to a charge of 10 percent of the income earned while funds are held in the court registry. Additionally, the fee was extended to any funds placed in the court's registry and invested regardless of the nature of the action underlying the deposit.
The new method will not be applied on investments in cases from which a fee has been exacted based on the prior method (interest earned in the first 45 days the funds were invested or the first 45 days following July 12, 1989). The new method will also not be applied in cases where the investment instrument has a maturity date greater than one year, but where a fee under the prior method applies but has not been deducted.
The fee does not apply in the District Courts of Guam, the Northern Mariana Islands, the Virgin Islands, the United States Claims Court, or any other federal court whose fees are not set under 28 U.S.C. §§ 1913, 1914, and 1930.
Registry Fund Fees--Item 19 (56 F.R. 56356, November 4, 1991)
Effective February 3, 1992, the registry fee assessment provisions are revised and converted from a charge equal to 10 percent of the income earned while funds are held in the court's registry to a variable rate based on the amount deposited with the court and, in certain cases, the length of time funds are held in the court's registry.
The revised fee will be a fee of 10 percent of the total income received during each income period from investments of less than $100,000,000 of registry funds in income-bearing accounts. On investments exceeding $100,000,000 the 10 percent fee shall be reduced by one percent for each increment of $50,000,000 over the initial $100,000,000. For those deposits where funds are placed in the registry by court order for a time certain, for example, by the terms of an adjudicated trust, the fee will be further reduced. This further reduction will amount to 2.5 percent for each five-year interval or part thereof. The total minimum fee to be charged will be no less than two percent of the income on investments.
The following table sets out the fee schedule promulgated by this notice:
REGISTRY--SCHEDULE OF FEES
[% of income earned]
Amount of deposit [FN*] 0-5 >5-10 >10-15 >15
yrs. yrs. yrs. yrs.
less than 100M 10 7.5 5.0 2.5
100M-<150M 9 6.5 4.0 2.0
150M-<200M 8 5.5 3.0 2.0
200M-<250M 7 4.5 2.0 2.0
250M-<300M 6 3.5 2.0 2.0
300M-<350M 5 2.5 2.0 2.0
350M-<400M 4 2.0 2.0 2.0
400M-<450M 3 2.0 2.0 2.0
over 450M 2 2.0 2.0 2.0
[FN*] Except where otherwise authorized by the Director, each deposit into any account is treated separately in determining the fee.
The new fee applies to all earnings applied to investments on and after the effective date of this change, except for earnings on investments in cases being administered under the provisions of the May 11, 1989 notice [54 FR
20407], i.e., to which the fee equal to the first 45 days income is applicable.
The fee, as modified herein, will continue to apply to any case where the court has authorized the investment of funds placed in its custody or held by it in trust in its registry regardless of the nature of the underlying action.
The fee does not apply in the District Court of Guam, the Northern Mariana Islands, the Virgin Islands, the United States Claims Court, or any other Federal court whose fees are not set under 28 U.S.C. §§ 1913, 1914, and 1930.