Local Rule LBR 5080-1: Fees — Refund Requests
Bankr. D.N.H. — General rule
LBR 5080-1 Fees — Refund Requests
(a) Payment Errors Warranting Refund. If a payment error is discovered with respect to an electronically filed document for which the filing fee was paid by credit card, the filing attorney or trustee may request a refund by filing a motion as soon as practicable after the payment error is discovered. All fees are earned when paid.
(b) Motion. The motion must contain a detailed explanation as to why the payment should be refunded and it does not need to include a notice of hearing if any of the following apply:
(1) A fee was paid for filing a duplicate document, bankruptcy petition or adversary proceeding.
(2) A fee was paid for filing a document in the wrong case or proceeding.
(3) The movant is entitled to an exemption from the filing fee paid.
(4) The trustee or debtor in possession is eligible for deferral of the filing fee in a case in which no funds from the estate exist for payment of the filing fee but the filing fee was paid electronically.
(c) Issuance of Refund and Need for Hearing. Upon verification of the grounds set forth above, and upon order of the court, the Clerk is authorized to issue a refund only if the refund may be processed as a credit to the attorney's or trustee's credit card. In all other instances, the attorney or trustee shall obtain a hearing date for the motion in accordance with LBR 9013-1.