(Some) Bankruptcy Rules, Forms & Fees, They are a Changin’

December 1, 2016

When you’ve been doing this as long as I have (no age jokes, thank you very kindly), then you know year-end changes and effective dates are inevitable – 

EFFECTIVE TODAY – December 1, 2016
exclamation pointNew Bankruptcy Rules, Fees, & Forms

The Powers-on-High have blessed the implementation of new bankruptcy rules, fees, & forms.

What does this mean for you? Well, there’s a chance the documents you prepared yesterday, but haven’t filed yet, may need to be updated before you file.

Here’s the scoop: 10 amended bankruptcy rules, a new Rule 1012, a slew of bankruptcy fee increases, and 3 new forms.

Amended Bankruptcy Rules:

  • 1010. Service of Involuntary Petition and Summons
  • 1011. Responsive Pleading or Motion in Involuntary
  • 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee
  • 3002.1. Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence

Amended to clarify when secured creditors must file a Payment Change Notice (“PCN”) in a Chapter 13 on all claims secured by the debtor’s primary residence for which the debtor or Chapter 13 Trustee is making post-petition payments during the bankruptcy and that the PCN requirement ceases once the creditor obtains relief from stay, unless otherwise ordered by the court.

  • 7008. General Rules of Pleading
  • 7012. Defenses and Objections – When and How Presented – By Pleading or Motion – Motion for Judgment on the Pleadings
  • 7016. Pre-trial Procedures
  • 9006. Computing and Extending Time: Time for Motion Papers

Revised three-day rule – No extension of time when service is made electronically.  (See also revised Bankruptcy Rule 9006(f), Appellant Rule 26(c), and Civil Rule 6(d))

(f) ADDITIONAL TIME AFTER SERVICE BY MAIL OR UNDER RULE 5(b)(2)(D), (E), OR (F) F.R.CIV.P.  When there is a right or requirement to act or undertake some proceedings within a prescribed period after service being served and that service is by mail or under Rule 5(b)(2)(D) (leaving with the clerk), (E), or (F) (other means consented to) F.R.Civ.P., three days are added after the prescribed period would otherwise expire under Rule 9006(a).

  • 9027. Removal
  • 9033. Proposed Findings of Fact and Conclusions of Law

New Bankruptcy Rule:

  • 1012. Responsive Pleading in Cross-Border Cases

Filing Fees:

New Petitions:
Chapter 7 $335.00
Chapter 9 $1,717.00
Chapter 11 $1,717.00
Chapter 12 (Family Farmer) $275.00
Chapter 13 $310.00
Chapter 15 $1,717.00
Case Reopening:2
Chapter 7 $260.00
Chapter 9 $1,167.00
Chapter 11 $1,167.00
Chapter 12 $200.00
Chapter 13 $235.00
Chapter 15 $1,167.00
Case Conversions:
Chapter 7 to Chapter 13 None
Chapter 7 to Chapter 11 $922.00
Chapter 11 to Chapter 7 $15.00
Chapter 12 to Chapter 7 $60.00
Chapter 13 to Chapter 11 $932.00
Chapter 13 to Chapter 7 $25.00
Amendments:
Schedules D or E/F $31.00
Master Mailing List (exceptions listed in “Miscellaneous Fee Schedule”) $31.00
Motion to:
Compel Abandonment of Property $181.00
Terminate, Annul, Modify, or Condition of the Automatic Stay $181.00
Withdraw Reference $181.00
Sell Property of the Estate Free & Clear of Liens under 11 U.S.C. §363(f) $181.00
Redact previously filed documents in a bankruptcy case $25.00
Other:
Abstract of Judgment $9.00
Appeal* $298.00
Certification $11.00
Claims Transfer $25.00
Complaint (Adversary Proceeding) $350.00
Cross-Appeal* $298.00
Exemplification $22.00
Filing or Indexing of Miscellaneous Paper $47.00
Issuance of Out of District Subpoena $46.00
Photocopies Made by Court Personnel (per page) $0.50
Printed Copies from Courthouse Public Terminal (per page) $0.10
Registration of Judgment from Another District $46.00
Reproduction of Audio Recording (regardless of the medium) $31.00
Retrieval of Records from NARA (first box) $64.00
Retrieval Involving Multiple Boxes of NARA Records (each additional box) $39.00
Retrieval of Records from NARA via Smart Scan plus .65 per page $19.95
Returned Fee Charge (e.g., insufficient funds, disputed charges) $53.00
Search of Court Records (each name/item searched) $31.00
1 Issued in accordance with 28 U.S.C. § 1930(b) and FRBP 1006.
2 The Court collects the fee unless a party files a complaint to obtain a determination under Rule 4007(b); or when a debtor files a motion to reopen a case based on alleged violation of the terms of the discharge under 11 U.S.C. § 524; or whether the reopening is to correct an administrative error.
* If the Court of Appeals authorizes a direct appeal, or direct cross appeal, an additional fee of $207.00 will be collected by the bankruptcy clerk.

Miscellaneous Fees:

Motion to terminate, annul, modify or condition the automatic stay $181.00
Motion to compel the abandonment of property of the estate $181.00
Motion to withdraw the reference of a cases or proceeding $181.00
Motion to sell property of the estate free and clear of liens under 11 U.S.C. § 362(f) $181.00
Exemplification of any document $22.00
Reproduction of an audio recording of a court proceeding $31.00
Amending debtor’s schedule of creditors, list of creditors, or mailing list $31.00
Conducting a search of the bankruptcy court records $31.00
Filing any document that is not related to a pending case or proceeding $47.00

Official Forms

Amended to conform  with the Forms Modernization Project and to change the phrase “mail” to “send”.

Part 1 Instructions amended for clarification, adding the following language:“If the court has previously approved an amount, indicate that approval in parentheses after the date the amount was incurred.”

Don’t forget to check your local rules and forms for changes!

Happy filing 🙂

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