New Bankruptcy Filing Fees - effective November 1, 2011 | ||||||||||||||
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Luckily for most filers, the total increase in basic filing fees is not drastic; however, some critics of the bankruptcy system have complained that the fees were already prohibitively high for individuals truly struggling to make ends meet.
Other Bankruptcy-Related Fee Increases
In addition to the basic filing fee increases, the Judicial Conference also hiked fees associated with other parts of the bankruptcy process. The services whose fees have been altered include:
- Certification: Formerly $9, now $11;
- Exemplification: Formerly $18, now $21;
- Audio Recording: Formerly $26, now $30;
- Amended Bankruptcy Schedules: Formerly $26, now $30;
- Record Search: Formerly $26, now $30;
- Adversary Proceeding Fee: Formerly $250, now $293;
- Document Filing/Indexing: Formerly $39, now $46;
- Title 11 Administrative Fee: Formerly $39, now $46;
- Record Retrieval Fee: Formerly $45, now $53;
- Returned Check Fee: Formerly $45, now $53;
- Notice of Appeal Fee: Formerly $250, now $293; and
- Lift/Stay Fee: Formerly $150, now $176.
Which Fees Apply to My Case?
Because no two bankruptcy cases are exactly alike, it's not easy to determine which of the fees listed might affect your bankruptcy case. As a bankruptcy lawyer can explain to you, the complexity and intricacy of your bankruptcy filing can affect the duration and costs of the case, which is affected not only by bankruptcy court fees but often by certain legal fees as well.
One way to keep bankruptcy fees to a minimum is to pay careful attention to the advice you receive from your lawyer. A lawyer may guide filers on what paperwork to prepare, how to complete bankruptcy forms, and otherwise how to proceed with a case.
Taking note of the rules and regulations that govern bankruptcy court early on in the proceedings may prevent you (and the bankruptcy judge, your trustee, or creditors) from having to return to the bankruptcy case to investigate or contest part of the information.
If you are truly unable to afford the fees associated with filing for bankruptcy, you may qualify for a bankruptcy fee waiver, about which a bankruptcy lawyer can tell you more.
Jon D. McLaughlin
(309) 319-6206
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