Rules and Procedures
Forms/Rule/Fee Changes Effective December 1, 2013
Amendments to the following Official Bankruptcy Forms will take effect on December 1, 2013:
B3A Application for Individuals to Pay the Filing Fee in Installments
B3B Application to Have the Chapter 7 Filing Fee Waived
B6I Schedule I: Your Income
B6J Schedule J: Your Expenses
B6 Summary (Summary of Schedules)
B27 Reaffirmation Agreement Cover Sheet
The forms will be available on our website, beginning December 1, 2013. Other official forms (B254, B255, B256 and B257) will be changing as well, and can be found on the National U.S. Courts website (www.uscourts.gov).
In addition, effective December 1, 2013, Fed. R. Bankr. P. 1007(b)(7) gives an individual debtor the option of having an approved personal financial management course provider notify the court directly that the debtor has completed a post-petition instructional course concerning personal financial management. Our court will give debtor education filers limited ability to file in CM/ECF.
Training materials for debtor education limited filers can be found on our Training page.
More information, including Committee Notes concerning minor substantive changes can be found HERE.
Information regarding the fee changes effective December 1, 2013 can be found HERE.
Fee Changes Effective December 1, 2013
1. Motion to sell property free and clear of liens under 11 U.S.C. §363(f)
Item (19) of the Bankruptcy Court Miscellaneous Fee Schedule is being added; a new fee will be charged upon the filing of a motion for the sale of property free and clear of liens under 11
U.S.C. § 363(f), as follows:
(19) For filing the following motions, $176:
-To terminate, annul, modify or condition the automatic stay;
-To compel abandonment of property of the estate pursuant to Rule 6007(b) of the Federal Rules of Bankruptcy Procedure; or
-To withdraw the reference of a case or proceeding under 28 U.S.C. § 157(d); or
-To sell property of the estate free and clear of liens under 11 U.S.C. § 363(f).
2. Retrieval of file from Archives
Item (12) of the Bankruptcy Court Miscellaneous Fee Schedule has been amended to provide as follows:
For retrieval of one box of a records from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court, $53 $64. For retrievals
involving multiple boxes, $39 for each additional box.
3. Lack of funds
Item (13) of the Bankruptcy Court Miscellaneous Fee Schedule was amended as follows:
For a check paid into the court which is returned for lack of funds any payment returned or denied for insufficient funds, $53.
A committee of judges and attorneys is exploring the creation of a formal mediation program for adversary proceedings and contested matters. Contact Judge Pepper (414-290-2650) to have your name added to the contact list to be advised of future meetings and/or watch this space for more information. All interested attorneys are welcome to participate.
New Claims Transfer Fee
New Claims Transfer Fee to Take Effect May 1, 2013
Effective May 1, 2013, the bankruptcy courts will begin charging a new fee of $25 for each claim transferred. This fee was approved by the Judicial Conference of the United States at its September 2012 session.
In considering this fee, the Judicial Conference Committees with jurisdiction over bankruptcy fees recognized the impact a transfer of a claim has on the workload of the bankruptcy courts, including impact on court time and resources. Bankruptcy Rule 3001(e) requires the clerk of court to notice a transferred claim, and provides additional notice and hearing requirements if an objection to a transfer is made.
The fee will be assessed by bankruptcy courts upon the filing of the claim transfer, whether filed by a transferee or transferor. It will apply to partial claims transfers as well. In the event multiple claims transfers are filed at one time by one entity (claims upload or batch filing), the $25 fee will be charged for each individual claim transferred.
The fee must be paid by credit card upon the filing of the claims transfer in CM/ECF using Pay.gov, or by whatever means is designated by the court if the claim transfer is not filed electronically. An entity that electronically handles claims transfers must ensure that the individual filing a transfer is authorized to pay this fee by credit card.
Entities that transfer claims should be aware that courts may be reviewing user accounts, account access, and the number of accounts authorized for a particular entity in anticipation of this fee.
For question regarding this fee, please contact Sean McDermott (414-290-2704) or Joan McFadyen (414-290-2710).