Local Rule 1006-1: Filing Fee
Bankr. W.D.N.C. — General rule
Local Rule 1006-1 Filing Fee
(a) Refunding Filing Fees. The following procedures apply to the refunding of filing fees:
(1) Pursuant to the guidelines of the Bankruptcy Fee Compendium, the Clerk of Court is authorized to issue the following types of refunds:
(A) Fees collected without authority; and
(B) Duplicate credit card payments that occurred as a result of a failed Internet credit card process.
(2) All requests for filing fee refunds require a judicial determination and may be filed on an ex parte basis.
(3) If the court discovers an erroneous filing for which a fee has not yet been collected, the court may correct the erroneous filing administratively and not collect the fee.
(b) Application for Waiver of Filing Fee. Pursuant to 28 U.S.C. § 1930(b) and (c), when the court approves an application for waiver of a filing fee pursuant to 28 U.S.C. § 1930(f)(1)–(3), the waiver applies only to the filing fee for the petition. Waiver of additional filing fees will be considered only upon the filing of a motion and tender of an order. Such a motion and order should be tendered on an ex parte basis as set forth in Local Rule 9013-1(f). Where assets become available in a waiver case, the Clerk of Court shall include the waived filing fee in the notice of fees due provided to the Chapter 7 trustee. If the court waives the filing fee of an individual Chapter 7 debtor and later converts the debtor's case to a different chapter, the debtor must pay the full filing fee applicable to the post-conversion chapter.