Local Rule RULE 1006-1: FILING FEE

RULE 1006-1. FILING FEE A.Provision for Payment. Payment of a filing fee shall be in accordance with Local Rules 5080-1 and 5081-1 and the CM/ECF Administrative Guide unless the individual petition is accompanied by an Application for Individuals to Pay the Filing Fee in Installments, prepared as prescribed by the appropriate Official Form 103A, and the first payment equal to no less than 25% of the filing fee for that particular chapter or if individual filing under chapter 7, an application requesting a waiver under 28 U.S.C. §1930(f), prepared as prescribed by the appropriate Official Form B3B 103B Application to Have the Chapter 7 Filing Fee Waived. If debtor makes application to pay in installments, the debtor must certify that they will not make any additional payment or transfer any additional property to an attorney or other person for services in connection with the case until the filing fee is paid in full. An Application for Individuals to Pay the Filing Fee in installments submitted by a Debtor with a filing fee due from a prior case dismissed within 180 days will result in the entry of an order requiring the Debtor to pay the filing fees in both cases. Failure to do so shall result in the case being dismissed. In a Chapter 13 case, the installment payments must be made by the Debtor or the Debtor's Attorney directly to the Clerk and not through the Chapter 13 Plan. If a Chapter 13 case is dismissed or converted before confirmation of a plan, any unpaid filing fee shall be paid by the Trustee from any funds on hand in the case.

B.Waiver of Filing Fees. Pursuant to Title 28 U.S.C. § 1930, the Court may waive filing fees in a case under Chapter 7. This Court will waive fees only under very limited circumstances.

The debtor may request a waiver of the filing fee by completing and filing Official Form 103B Application to Have the Chapter 7 Filing Fee Waived with the Clerk of the Court. The Judge may waive the fee only if the debtor's income level is less than 150 per cent of the poverty line applicable to the family size of the debtor and the debtor is unable to pay the fee in installments.

This Court shall not grant waivers of filing fees if an individual is represented by an attorney that has been, or will be, compensated. Representation by an attorney acting pro bono or a legal service attorney that does not charge the debtor will not preclude payment waivers.

The waiver of the filing fee is subject to review, and the Court's ruling waiving the fee may be vacated if developments in the case or administration of the estate demonstrate that the waiver was unwarranted.

If the filing fee of an individual Chapter 7 debtor is waived and that debtor's case is later converted to a case under Chapter 13, the debtor must pay the full Chapter 13 filing fee. The conversion order will give the debtor time in which to either pay the filing fee in full or begin making installment payments.

If an application for filing fee waiver is denied, the order will direct that the debtor either pay the filing fee in full or pay the fee in installments as outlined in the order.

The waiver of filing fees in this case relates to the initial filing fee of a Chapter 7 case, amended schedules and amended matrixes. It will not affect the requirement to pay filing fees for appeals.

C.Pro Se Debtors. Payment of a filing fee by a pro se debtor shall be by cash, cashier's check or money order payable to "Clerk, United States Bankruptcy Court." See also Local Rule 5080-1.

D.Refund Policy. The Judicial Conference generally prohibits refunds of fees due upon filing, even if a case or document was filed in error, or the Court dismissed the case or proceeding. The Court may make certain exceptions. See CM/ECF Administrative Guide XIX.

E.Dismissal of Case Upon Failure to Pay Installment Payment. Balance of Filing Fee Due on Dismissal. The Court may dismiss without any further notice any case where an installment payment is not timely made in the required manner. The balance of the filing fee shall become due immediately upon the dismissal of a case or upon the failure to timely pay any installments.