Local Rule RULE 1006–1: Filing Fee

RULE 1006–1 Filing Fee

(a) Payment of Filing Fee. Any document filed on paper must be accompanied by the appropriate fee in the form of cash, cashier's check, certified check, or money order. The Clerk may not accept personal, non-certified checks or credit cards from pro se parties.

(b) Attorney Required to Pay Filing Fee Triggered by Filing of a Paper. Unless the attorney's client obtains a waiver or deferral of the fee or authorization to pay the fee in installments, an attorney (subject to any right of reimbursement from the client or the estate) is responsible for payment of any fee triggered by the filing of a paper.

(c) Nonpayment.

(1) If a complaint or other document is not accompanied by the proper filing fee or, if applicable, an application to waive the filing fee or pay the same in installments, the Clerk shall give notice to cure the filing fee deficiency by the close of business on the next day after the notice to cure is given. The payment cure period commences for mailed notices three (3) days after the notice is mailed and for electronic notices when the electronic notice is served. The Clerk shall notify the party of the deficiency.

(2) If a petition is filed without a filing fee, a request to pay in installments, or a waiver per Bankruptcy Rule 1006, the Clerk may reject the petition.

(3) If a debtor's case is dismissed prior to the payment in full of a filing fee, the debtor shall remain liable for the unpaid balance of the filing fee. If the debtor remains liable for an unpaid fee in a dismissed case at the time of filing a new case, a request to pay in installments or an application for a waiver of a filing fee will not be granted without a hearing and showing of exceptional circumstances.