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

Release Date: 
November 13, 2020

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK

 

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

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.

 

Several fees in the Bankruptcy Court Miscellaneous Fee Schedule have been adjusted for inflation, and the increased rates will take effect on December 1, 2020.  The below Fee Schedule highlights the fees that have increased.  In addition, several Director’s Forms have been updated to reflect the 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.

 

 

 

Current Fee

New Fee 

 

New Petition

Chapter 7 Voluntary/Involuntary

$335.00

$338.00

*

Chapter 9 

$1,717.00

$1,738.00

*

Chapter 11 Voluntary/Involuntary

$1,717.00

$1,738.00

*

Chapter 12

$275.00

$278.00

*

Chapter 13

$310.00

$313.00

*

Chapter 15

$1,717.00

$1,738.00

*

Case Reopening

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

 

Splitting/Severing  of Joint Case

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

*

Case Conversion

Chapter 7 to Chapter 13

No Fee

No Fee

 

Chapter 7 to Chapter 11

$922.00

$922.00

 

Chapter 13 to Chapter 7

$25.00

$25.00

 

Chapter 13 to Chapter 11

$932.00

$932.00

 

Chapter 11 to Chapter 7

$15.00

$15.00

 

Chapter 9 to Chapter 7

$15.00

$15.00

 

Chapter 12 to Chapter 7

$60.00

$60.00

 

Amendments

Schedules D, E and F (Schedule of creditors) 

$31.00

$32.00

 

(No fee is required when the amendment is to change the address of a 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.)

Motions

Motion to (Terminate, Vacate, Annul, Modify or Condition the Automatic Stay)

$181.00

$188.00

 

Motion to Compel Abandonment of Property

$181.00

$188.00

 

Motion to Withdraw the Reference

$181.00

$188.00

 

Motion to Sell Property of the Estate Free and Clear of Liens Under Section 363(f)

$181.00

$188.00

 

Motion to Appear Pro Hac Vice (due at filing of motion)

$200.00

$200.00

 

Motion to Redact a Record (per affected case)

$25.00

$26.00

 

Other

Adversary Proceedings (Complaints)

$350.00

$350.00

 

Appeals and Cross Appeals to District Court

$298.00

$298.00

**

Direct Appeals and Direct Cross Appeals to Court of Appeals:

$207.00

$207.00

 

(Appellant or Cross Appellant must pay additional fee of $207 after Court of Appeals authorizes a direct appeal or direct appeal)

Transfer of Claim (per claim)

$25.00

$26.00

 

Payment Returned or Denied for Insufficient Funds

$53.00

$53.00

 

Certification Fee (per document)

$11.00

$11.00

 

Exemplification

$22.00

$23.00

 

Filing or indexing any paper not in a case (including filing of a Miscellaneous Proceeding)

$47.00

$49.00

 

Registration of Judgment from Another District

$47.00

$49.00

 

Reproducing/Photocopies (per copy) 

$0.50

$0.50

 

Reproducing/Photocopies (Printing copies from CM/ECF)

$0.10

$0.10

 

Reproducing and Transmitting a Record in Electronic Form

$31.00

$31.00

 

Search of Records (per name or item searched)

$31.00

$32.00

 

Records Retrieval Fee – First Box

$64.00

$64.00

 

Records Retrieval Fee – Each Additional Box

$39.00

$39.00

 

(SmartScan) FRC Electronic Records Retrieval Fee (Limit of 100 digital pages)

$10.00

$10.00

 

(SmartScan) FRC Electronic Retrieval Flat Rate Fee (per box)

$9.90

$9.90

 

(SmartScan) FRC Per Page Fee (Limit of 100 digital pages)

$0.65

$0.65

 

Copy of Audio Recording

$31.00

$32.00

 

PACER: Per Page for public users obtaining information through CM/ECF PACER

$0.10

$0.10

 

* Includes Administrative Fee.  The administrative fee for petitions filed under Chapter 7, 12, or 13 is $78.00.  The administrative fee for petitions filed under Chapter 9, 11, or 15 is $571.

** Includes $5.00 filing fee for the Notice of Appeal.