The Judicial Conference approved changes to the miscellaneous fee schedule for the bankruptcy courts. Below is a description of these changes. In addition, the Conference approved an increase in certain bankruptcy miscellaneous fees. A revised schedule listing the new fees(*) charged for services performed by the bankruptcy court is also outlined below.
These changes will become effective November 1, 2003.
Changes to the Bankruptcy Court Miscellaneous Fee Schedule
Amendment Fee: For amendments to a debtor's schedules of creditors, lists of creditors, matrix, or mailing lists, $26 for each amendment, provided the bankruptcy judge may, for good cause, waive the charge in any case. No fee is required when the nature of the amendment is to change the address of a listed creditor or an attorney for a creditor listed on the schedules or to add the name and address of an attorney for a listed creditor.
Reopening Fee: 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 reopening, unless the reopening is to correct an administrative error or for actions related to the debtors discharge. 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 of fee is deferred, the fee shall be waived if no additional assets are discovered.
Fee for Splitting (Deconsolidating) Case: When a joint case under § 302 of title 11 is divided into two separate cases at the request of the debtor(s), a fee shall be charged equal to the current filing fee for the chapter under which the joint case was commenced.
Fee for Filing a Motion to Lift Stay: 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), a fee shall be collected in the amount of the filing fee prescribed in 28 U.S.C. § 1914(a) for instituting any civil action other than a writ of habeas corpus. No fee is required for a motion for relief from the co-debtor stay or for a stipulation for court approval of 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.
Clerk of Court
October 8, 2003