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United States Bankruptcy Court for the District of Connecticut

11/23/2020 | Press release | Distributed by Public on 11/23/2020 18:51

Amendments to Bankruptcy Rules, Forms and Miscellaneous Fees Effective December 1, 2020

UNITED STATES BANKRUPTCY COURT

DISTRICT OF CONNECTICUT

Amendments to Bankruptcy Rules, Forms and Miscellaneous Fees

Effective December 1, 2020

RULES. Rules 2002, 2004, 8012, 8013, 8015, and 8021 of the Federal Rules of Bankruptcy Procedure have been amended and will take effect on December 1, 2020 absent Congressional intervention. Information about the amendments to the rules can be found on the website of the United States Courts at https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments.

FORMS. Several Director's Forms have been updated to reflect an approved increase in fees. Information about the revised forms can be found at https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments/pending-changes-bankruptcy-forms. The revised forms are:

  • Director's Form 1320: Application for Search of Bankruptcy Records
  • Director's Form 2000: U.S. Bankruptcy Court Required Lists, Schedules, Statements, and Fees - Vountary Chapter 7 Case
  • Director's Form 2010: Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy
  • Instructions to Director's Form 1310: Exemplification Certificate

Once in effect, the updated forms will be found at: http://www.uscourts.gov/forms/bankruptcy-forms

FEES1. On March 17, 2020, the Judicial Conference approved a recommendation to increase certain miscellaneous fees for inflation. Several fees in the Bankruptcy Court Miscellaneous Fee Schedule will be revised pursuant to this action. These fee increases will take effect on December 1, 2020. The scheduled increase amount (if any) and any textual changes to this Court's Fees Quick Reference guide are listed in red below. Again, the scheduled increase to the fees indicated below will take effect on December 1, 2020.

Petitions2 Current Fee New Fee Effective Dec. 1, 2020
Chapter 7 $335.00 $338.00
Chapter 9 $1,717.00 $1,738.00
Chapter 11 (non-railroad) $1,717.00 $1,738.00
Chapter 12 $275.00 $278.00
Chapter 13 $310.00 $313.00
Chapter 15 (formerly known as 'ancillary proceeding') $1,717.00 $1,738.00
Adversary Proceeding $350.00 $350.00
Notice of Removal $350.00 $350.00
Appeals Current Fee New Fee Effective Dec. 1, 2020
Appeal (must also pay Notice of Appeal fee) $293.00 $293.00
Cross Appeal (must also pay Notice of Appeal fee) $293.00 $293.00
Notice of Appeal3 $5.00 $5.00

Direct Bankruptcy Appeal to Court of Appeals4 (must also Pay Notice of Appeal fee)

(For Requesting) $293.00 (For Requesting) $293.00
(Once Authorized) $207.00 (Once Authorized) $207.00
Motions Current Fee New Fee Effective Dec. 1, 2020
Relief from Stay $181.00 $188.00
Sale of Property Free & Clear of Liens $181.00 $188.00
Redact (fee charged per case) $25.00 $26.00
Withdraw the Reference under 28 U.S.C. 157(d) $181.00 $188.00
Compel Abandonment $181.00 $188.00
To Split:
Chapter 7 $335.00 $338.00
Chapter 11 $1,717.00 $1,738.00
Chapter 12 $275.00 $278.00
Chapter 13 $310.00 $313.00
Conversions:
Convert Chapter 9 to Chapter 7 $15.00 $15.00
Convert Chapter 11 to Chapter 7 $15.00 $15.00
Convert Chapter 13 to Chapter 7 $25.00 $25.00
Convert Chapter 12 to Chapter 7 $60.00 $60.00
Convert Chapter 7 to Chapter 11 $922.00 $922.00
Convert Chapter 13 to Chapter 11 $932.00 $932.00
To Reopen a Case:6
Chapter 7 $260.00 $260.00
Chapter 9 $1,167.00 $1,167.00
Chapter 11 $1,167.00 $1,167.00
Chapter 12 $200.00 $200.00
Chapter 13 $235.00 $235.00
Chapter 15 $1,167.00 $1,167.00
Miscellaneous Fees Current Fee New Fee Effective Dec. 1, 2020

Amendments to a Petition:

Schedules D, E, F and/or Mailing List/Matrix7 $31.00 $32.00
All Other Schedules No Fee No Fee
Audio Recording (CD) $31.00 $32.00
Certification $11.00 $11.00
Exemplification $22.00 $23.00
Any Payment Returned/Denied for Insufficient Funds $53.00 $53.00
Photocopies (per page) $0.50 $0.50
Record Retrieval from the Federal Records Center8 Contact the Clerk's Office Contact the Clerk's Office
Record Search (No fee will be charged if the item can be found on the court's computerized docket) $31.00 $32.00
Filing or Indexing of Miscellaneous Paper $47.00 $49.00
Registration of Judgment from Another District $47.00 $49.00
Pro Hac Vice Admission $200.00 $200.00
PACER Fees $0.10/page9 $0.10/page9
$2.40/audio recording $2.40/audio recording
Transfer Claim10 $25.00 $26.00

1 The Court accepts cash, checks, money orders, American Express, VISA, MasterCard, and Discover/Novus. Debtors' personal checks and credit cards will not be accepted when filing a petition. We do not accept party checks. A voluntary petition by an individual or an individual and spouse may be paid in no more than four (4) installments, upon application to the Court.

2 The fee for filing a petition consists of a filing fee, an administrative fee, and, for chapter 7 petitions, a trustee surcharge, combined here for simplicity.

3 This is a mandatory fee in addition to the fee for appeals and cross appeals. It is due upon filing and may not be waived or deferred.

4 The fee for requesting a direct appeal or cross appeal from a bankruptcy court decision to the Court of Appeals is $298 ($293 appeal fee + $5 notice of appeal fee). If the Court of Appeals authorizes the direct appeal, an additional fee of $207 is due to the Bankruptcy Court.

5 No fee is charged when the conversion order is made on its own by the court (i.e., sua sponte), in the absence of a notice or request of a party. The fee to convert to Chapter 11 is payable upon conversion, rather than upon filing.

6 The exemption from paying the fee to reopen a case applies in only three situations: (1) reopening a case to permit a party to file a complaint to obtain a determination under Rule 4007(b); (2) reopening a case when a creditor is violating the terms of the discharge under 11 U.S.C. § 524; or (3) when a party files a motion to reopen a case to request to withdraw unclaimed funds, unless the court orders otherwise. The court may defer payment of the fee from trustees pending discovery of additional assets. The court will waive a deferred fee when no additional assets are discovered.

7 There is no fee to change the address of a listed creditor, or to add/change the name and address of a listed creditor's attorney.

8 Generally, $64 fee for the retrieval of one box of records, $39 for the retrieval of each additional box.

9 $3.00 maximum charge per document.

10 There is no fee for filing a transfer or claim that is included in the supporting documentation for an application for payment of unclaimed funds.