United States Bankruptcy Court
Eastern District of Pennsylvania


Stephen Raslavich, Chief Judge
Timothy B. McGrath, Clerk of Court
 
Today is
 
 

FREQUENTLY ASKED QUESTIONS REGARDING FEE CHANGES RESULTING FROM THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER  PROTECTION ACT OF 2005 EFFECTIVE OCTOBER 17, 2005

(Revised 01-01-07)

 

1. * In addition to the statutory filing fee of $245 set forth at 28 U. S. C. §1930(1)(a), what other fees are collected at the time of filing a chapter 7 case?

The $39 administrative fee (Item 8 of the Bankruptcy Court Miscellaneous Fee Schedule) and the $15 trustee fee (Item 9 of the Bankruptcy Court Miscellaneous Fee Schedule) are also collected at the time a chapter 7 case is filed.  Thus, the total amount of fees collected for filing a chapter 7 case is $299.

 

2.  *In addition to the statutory filing fee of $235 set forth at 28 U. S. C. §1930 (1)(b), what other fees are collected at the time of filing a chapter 13 case?

 

The $39 administrative fee (Item 8 of the Bankruptcy Court Miscellaneous Fee Schedule) is also collected at the time a chapter 13 case is filed.  Thus, the total amount of fees collected for filing a chapter 13 case is $274.

 

3.  In addition to the statutory filing fee of $1,000 set forth at 28 U. S. C. §1930(3), what other fees are collected at the time of filing a chapter 11 case?

 

The $39 administrative fee (Item 8 of the Bankruptcy Court Miscellaneous Fee Schedule) is also collected at the time a chapter 11 case is filed.  Thus, the total amount of fees collected for filing a chapter 11 case is $1,039.

 

4.  In addition to the statutory filing fee of $1,000 set forth at 28 U. S. C. §1930 (2), what other fees are collected at the time of filing a chapter 9 case?

 

The $39 administrative fee (Item 8 of the Bankruptcy Court Miscellaneous Fee Schedule) is also collected at the time a chapter 9 case is filed.  Thus, the total amount of fees collected for filing a chapter 9 case is $1,039.

 

5.  In addition to the miscellaneous fee of $1,000 set forth at Item 16 of the Miscellaneous Fee Schedule for Bankruptcy Courts, what other fees are collected at the time of filing a chapter 15 case?

 

The $39 administrative fee (Item 8 of the Bankruptcy Court Miscellaneous Fee Schedule) is also collected at the time the chapter 15 case is filed.  Thus, the total amount of fees collected for filing a chapter 15 cases is $1,039.

 

*CONVERSION FEES

 

6.  What is the fee for converting a chapter 7 case to a chapter 11 case?

 

The fee for converting a chapter 7 case to a chapter 11 case is $755 (the difference between the statutory filing fee for a chapter 11 case - $1,000 - and the statutory fee for filing a chapter 7 case - $245).

 

7.  What is the fee for converting a chapter 13 case to a chapter 11 case?

 

The fee for converting a chapter 13 case to a chapter 11 case is $765 (the difference between the statutory filing fee for a chapter 11 case - $1,000 - and the statutory fee for filing a chapter 13 case - $235).

 

8.  What is the fee for converting a case under any chapter to a chapter 7 case?

 

The fee for converting to a chapter 7 case remains at $15 pursuant to Item 10 of the Bankruptcy Court Miscellaneous Fee Schedule.

 

9.  What is the fee for converting a chapter 7 case to a chapter 13?

 

No fee is charged for converting a chapter 7 case to a chapter 13 case.

 

10.  Is the miscellaneous administrative fee of $39 charged upon conversion?

 

No.

 

*REOPENING FEES

 

11. As of October 17, 2005, what fee is charged for filing a motion to reopen a case that was originally filed prior to that date?

 

The fee charged for reopening a case would be the amount of the filing fee for the appropriate chapter of the particular case on the date of reopening.  Thus, as of January 01, 2007, the fee for reopening a chapter 7 case is $260, the fee for reopening a chapter 11 case is $1,000 and the fee for reopening a chapter 13 case is $235.

 

12.  Is the miscellaneous administrative fee of $39 charged upon reopening?

 

No.

 

*SPLIT CASES FEE

 

13.  What fee is charged for splitting a joint case filed before October 17, 2005 but split after that date?

 

Pursuant to Item 19 of the Bankruptcy Court Miscellaneous Fee Schedule, the fee charged for splitting a case would be equal to the filing fee, at the time of the request to split the cases, for the chapter under which the joint case was commenced.  Thus, after January 01, 2007,  the fee for splitting a chapter 7 case would be $260, the fee for splitting a chapter 13 case would be $235, and the fee for splitting a chapter 11 case would be $1,000.

 

 

OTHER FEE ISSUES NOT RELATED TO BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005

 

ADVERSARY FEES

 

14.  The fee for filing an adversary proceeding, (Item 6 of the Bankruptcy Court Miscellaneous Fee Schedule), including a proceeding instituted by a notice of removal from another court, has increased to $250, effective September 20, 2005.  What fee amount should be collected if an adversary proceeding was filed prior to September 20, 2005 and the trustee was permitted to defer the fee, and estate assets are found and available to pay the adversary fee after September 20, 2005?

 

The fee collected would be the adversary fee amount that was due when the adversary proceeding was filed.  Thus, in the situation described in the question, the fee to be collected would be $150.

 

LIFT STAY FEE

 

15. The fee for filing a motion to lift the automatic stay (or to compel abandonment or withdraw reference) is $150.  Although the civil filing fee under 11 U. S. C.§1914 has been raised to $250, the fee for filing a lift stay motion remains at $150.  The correct wording of the relevant portion of Item 20 of the Bankruptcy Court Miscellaneous Fee Schedule is as follows:

 

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.    

 

*Effective April 9, 2006, the statutory filing fee for a Chapter 7 case was increased from $220 to $245 and the statutory filing fee for a chapter 13 case was increased from $150 to $235. The fee for conversion of a chapter 7 case and chapter 13 case were adjusted accordingly. Effective January 01, 2007, the fee for reopening a case and the fee for splitting a joint case will be $260 for a chapter 7, $1000 for a chapter 11 and $235 for a chapter 13.

 

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