Local Rule RULE 1006-1: FILING FEE

RULE 1006-1 FILING FEE A. General Requirement. All fees must be paid on the calendar day on which the transaction requiring a fee occurs. Electronic filers are required to pay filing fees on time through the ECF system by credit or debit card, or Automated Clearing House (ACH). Payments from electronic filers for fees that can be made through ECF will not be accepted by the Clerk outside of ECF and its related payment programs, unless a technical failure prevents the filer from paying electronically. If a fee is not timely paid by a registered attorney, the attorney's access to the ECF system shall be deactivated until all fees have been paid. If a filing fee is not timely paid, the pleading or Document may be stricken without further notice or hearing. Any Document presented for manual filing without proper provision for payment of the filing fee shall not be accepted for filing by the Clerk. Any petition for relief presented for paper filing without proper provision for payment of the filing fee shall not be accepted for filing by the Clerk unless the petition is accompanied by an application to pay filing fee in installments, prepared as prescribed by the appropriate Official Form, or an application requesting a waiver under 28 U.S.C. § 1930(f), prepared as prescribed by the appropriate Official Form, both of which must be separate from the petition. A trustee may, upon proper notice, defer the payment of fees. Trustees shall remit fees owed by the estate to the Court as Automated Clearing House (ACH) transactions. See Local Form 1006-1.

1. Manner of Payment. Payment of filing fees, administrative fees, and other scheduled fees shall be made by a non-electronic filer by cashier's check, money order or electronically through Pay.gov form payment. Pay.gov form payments allow for the acceptance of debit cards, Automated Clearing House (ACH), PayPal deposited funds, and credit cards from someone other than a debtor. Negotiable instruments shall be made payable to "Clerk, U.S. Bankruptcy Court," except checks shall not be accepted from debtors. All payments shall be in the exact amount of such fees and charges.

B. Conversion; Amendment to Creditor List; Fee. In a Chapter 11, 12 or 13 case that is converted to a case under Chapter 7, no filing fee shall be required for filing the amendment to the creditor list required by Local Rule 1019-1.A if the amendment is filed within fourteen (14) days following the entry of the order converting the case or notice of conversion.

C. Payment of Filing Fee in Installments. An application for payment of the filing fee in installments must provide for the filing fee to be paid in four (4) approximately equal installments. An application for payment of the filing fee in installments must be separate from the petition, must state the proposed installment payments and must be on the appropriate Official Form. If the debtor in a Chapter 13 case proposes to pay the filing fee in installments, the filing fee must be paid in full prior to confirmation of the plan. An application for payment of the filing fee in installments is subject to the Court's approval.

D. Failure to Make Installment Payment. The Clerk is directed to give notice of a hearing to show cause upon failure to receive timely installment payments. The Clerk must give no less than ten (10) days' notice of the hearing to the debtor and counsel of record. If debtor, or counsel of record, fails to appear at such hearing or otherwise fails to show good cause why the case should not be dismissed for failure to pay filing fee, or fails to pay the entire balance of the fee owing at or prior to the hearing, the Court may dismiss the case, or otherwise dispose of it.

E. Priority of Payment. All fees and costs due and owing to the Clerk must be paid in full prior to payment of any interim professional compensation or other administrative expenses in a case except as specifically authorized by the Court.

F. Refund Policy. Attorneys are responsible to ensure that filing fees are paid correctly and accurately. If an attorney believes that a filing fee has been paid in error, the attorney MUST: request a refund of filing fees in the form of a written application along with a proposed order that is filed in the appropriate case. Overpayments of fees of $25.00 or less will not be refunded by the court. A written application for a refund of the overpayment must be submitted within thirty (30) days of the overpayment.

G. In Forma Pauperis. An order granting an application to proceed in forma pauperis may be revoked and the filing fee paid by the Trustee to the Clerk in the event substantial assets are recovered. If the applicant paid any fees to an attorney or a bankruptcy petition preparer for assistance in the bankruptcy filing, the applicant is not eligible for an in forma pauperis application.