(Revised
01-01-07) |
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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?
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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.
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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?
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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.
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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?
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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.
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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?
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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.
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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?
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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.
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*CONVERSION FEES
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6. What is the fee for converting a chapter 7
case to a chapter 11 case?
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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).
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7. What is the fee for converting a chapter
13 case to a chapter 11 case?
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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).
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8. What is the fee for converting a case
under any chapter to a chapter 7 case?
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The fee for converting to a chapter 7 case remains at $15 pursuant to
Item 10 of the Bankruptcy Court Miscellaneous Fee Schedule.
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9. What is the fee for converting a chapter 7
case to a chapter 13?
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No fee is charged for converting a chapter 7 case to a chapter 13
case.
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10. Is the miscellaneous administrative fee of
$39 charged upon conversion?
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No.
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*REOPENING FEES
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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?
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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.
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12. Is the miscellaneous administrative fee of
$39 charged upon reopening?
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No.
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*SPLIT CASES FEE
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13. What fee is charged for splitting a joint
case filed before October 17, 2005 but split after that date?
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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.
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OTHER FEE
ISSUES NOT RELATED TO BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT
OF 2005
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ADVERSARY FEES
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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?
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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.
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LIFT STAY FEE
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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:
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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.
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*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. |