Monday, May 27, 2013, in observance of Memorial Day.
The Clerk's Office
Fee Changes Effective November 21, 2012
The Temporary Bankruptcy Judgeships Extension Act of 2012 (Pub.L.No. 112‐121) was signed into law by the President on May 25, 2012. This law includes a provision that increases the fee for filing a bankruptcy case under chapter 11 of the Bankruptcy Code. This fee increase will take effect on November 21, 2012, 180 days from date of enactment. For Chapter 11 cases filed on or after that date, the statutory filing fee will increase to $1,167. The total fee for filing a Chapter 11 case will increase to $1,213 (statutory fee of $1,167 plus the administrative fee of $46).
The Judicial Conference recently approved a recommendation to increase three miscellaneous fees that are derived from the Chapter 11 filing fee:, to correspond with an increase in the Chapter 11 filing fee under the Temporary Bankruptcy Judgeships Extension Act of 2012 (Pub.L.No.112‐121):
$ the fee for splitting a joint Chapter 11 case( Item 18 of the Fee Schedule)
$ the fee for reopening a Chapter 11 case (Item 11 of the Fee Schedule) and
$ the fee for filing a Chapter 15 case (Item 15 of the Fee Schedule).
The new amount for each of these fees will be $1,167, and these fee increases will also take effect on November 21, 2012.
In addition, the fee for filing a Chapter 9 case will increase because under 28 U.S.C.§1930(a)(2), the Chapter 9 filing fee is "equal to the fee specified in paragraph (3) for filing a case under Chapter 11 of Title 11." (Paragraph 3 is the Chapter 11 filing fee). Therefore, the fee for filing a Chapter 9 will increase to $1,167. The total fee for filing a Chapter 9 case will increase to $1,213 (statutory fee of $1,167 plus the administrative fee of $46).
The fees for converting a Chapter 7 and a Chapter 13 to a Chapter 11 will also increase. 28 U.S.C. §1930(a) states that “for converting, on the request of the debtor, a case under Chapter 7, or 13 of Title 11, to a case under Chapter 11 of title 11, the debtor shall pay to the clerk …a fee of the amount equal to the difference between” the fee for filing a Chapter 11 and the fee for filing either a Chapter 7 or Chapter 13. Because the statutory fee for filing a Chapter 11 is increasing to $1,167, the fee for converting a Chapter 7 (statutory fee of $245) to a Chapter 11 will increase to $922. The fee for converting a Chapter 13 (statutory fee of $235) to a Chapter 11 will increase to $932.
Filing Fee Increases
Bankruptcy Filing Fees Increasing November 1st
On September 13, 2011, the Judicial Conference of the United States voted to increase certain miscellaneous filing fees, effective November 1, 2011. The "administrative fee" portion of the filing fee for each chapter will increase from $39 to $46, which will have the result of increasing the overall filing fee for each chapter by $7.00. Thus, as of November 1, the filing fees for each chapter will be as follows:
In addition, the fee for amending schedules will increase from $26 to $30, the adversary filing fee will increase from $250 to $293, the fee for filing a notice of appeal will increase from $250 to $293, and the fee for filing a motion for relief from stay will increase from $150 to $176.
There are other miscellaneous fee increases for certification, exemplification, audio recording, records searches, record retrieval, and returned checks.
Inclement Weather Policy
- Courthouse Building--517 East Wisconsin Avenue: It is highly unlikely that the entire federal building at 517 East Wisconsin Avenue ever will be closed on account of weather. Court users can anticipate that they will be able to get into the building during regular business hours regardless of the weather.
- Clerk's Office for the Eastern District Bankruptcy Court: If weather is severe enough, the chief judge and the clerk of court for the bankruptcy court may decide to close the clerk's office. If so, the court will post an announcement to that effect on the home page of this web site. In addition, the court will notify local media outlets, such as radio 94.5 Lake FM. During times of severe weather, the court encourages court users to check the web site, as well as local radio and television stations, for updated information about whether the clerk's office will be open.
- Individual Judges: The fact that the clerk's office is closed does not necessarily mean that the bankruptcy court will not hold hearings. It is up to each individual judge to decide whether to cancel any scheduled hearings due to severe weather. If you have a hearing scheduled on a severe weather day, the court encourages you to contact the chambers of the judge in front of whom you are scheduled to appear, to find out whether the judge plans to hold, or cancel, the hearing.
- Section 341 Meetings of Creditors (Trustee Meetings): Only a bankruptcy trustee may decide whether to cancel or reschedule a Section 341 meeting of creditors. The fact that the clerk's office is closed, or the fact that a judge or judges cancels hearings, does not mean that a trustee will not conduct a scheduled Section 341 meeting of creditors. If you have a Section 341 meeting of creditors scheduled on a severe weather day, you must contact your trustee to find out whether the trustee plans to hold, or cancel, the meeting.
Obtain Copies of Documents
Ways to Obtain a Copy:
1. Visit the Clerk’s office - Documents can be printed from the court’s Case Management/Electronic Case Filing (CM/ECF) system from one of several public computers in the clerk’s office lobby.
2. Online – Register for a PACER account (*link* PACER.gov OR *link* Instructions on how to register for PACER account)
Costs for Copies:
1. The fee for copies of documents printed from one of the court’s public computers is $0.10 per page.
2. The fee for copies made by court staff is $0.50 per page.
3. The fee for copies made using your PACER account is $0.10 per page with a maximum of $2.40 (except for transcripts and recorded audio files)
1. For Debtors:
a. Money Order or Cashier’s Check
i. Please make checks and money orders payable to the “Clerk, U.S. Bankruptcy Court”
b. Cash – cash can only be accepted when visiting the Clerk’s office. Please do not mail cash to the court.
2. For Non-Debtors:
a. Personal Check
b. Credit Card
c. Options for Debtors
1. Any document that needs certification will incur a charge of $11.00 plus a $0.10 fee to print off the document. Any exemplified copy will have an additional charge of $21.00.
2. If requesting a certified copy through the US Mail the cost to certify is $11.00. Additional costs of $30.00 to conduct a case search and a $0.50 per page will be added for each case. To receive an exemplified copy an additional $21.00 will be added.
Documents from cases filed before 2004 have been stored with the Federal Records Center (FRC). There are two ways to request copies of documents from archived files:
a. For $35.00 the FRC will retrieve and copy a preselected group of documents which includes the Voluntary Petition, the Summary of Debts and Property, Schedules D, E, F and the Discharge of Debts. For a certified copy, add an additional $15.00.
b. For $90.00 the FRC will retrieve and copy the full file.
c. Depending on the request, the documents can be faxed to the requester within 1-2 business days or mailed using the US Mail within 3-5 business days.
2. The other option is to have the archived file delivered to the court for viewing. The cost to order an archived file is $53.00 and $0.50 per page for any copies. You will be notified by the court when the file arrives. Please allow 10 business days for the file to be delivered to the court.
a. A written request can be submitted to the court in lieu of viewing the case in person. There is an additional $30.00 search fee for this option. All documents requested will be mailed through the US Mail.
Pacer Registration Instructions
PACER ACCOUNT REGISTRATION
1. Go to the website www.pacer.gov
2. Click on the “Register” tab on the top left corner of the page
3. Select the first option “PACER – Case Search Only Registration”
4. Review information and select “Register for a PACER Account Now”
5. Complete Personal and Credit/Debit Card Information
6. Select “Submit Form”
7. Login and Password will be emailed
If you do not register an active credit/debit card your login and password will be mailed via the US Mail to you.
To Search for a Case (after registration)
1. Go to the website www.pacer.gov
2. Click on the “Find a Case” tab in the upper left hand corner
3. Select “Search the PACER Case Locator”
4. Login using your Login & Password
5. Select the “Bankruptcy” tab
6. Enter the Debtor’s Case Number, Social Security Number Or Both
7. Click on the Case Number
8. To Review the Case select “Docket Report”, then “Run Report”
9. To view documents filed with the court click on the number
a. There will be a charge for each entry you select
b. Documents can be printed or saved after opening