Chapter 11 Quarterly Fees Effective January 1, 2008

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Chapter 11 Quarterly Fee Instructions

Effective January 1, 2008

All chapter 11 cases are subject to the Chapter 11 Quarterly Fee.

The fee must be paid to the Clerk, U.S. Bankruptcy Court for every quarter (including
any fraction thereof), from the time the petition is filed until the date of entry of an order
dismissing or converting the case or closing a confirmed case. The fee is applicable to
each and every case commenced under chapter 11 regardless of whether the case has
been administratively consolidated with any other case.

Cases pending during even one day during a quarter will be required to pay the
fee applicable to that entire quarter.

The debtor is responsible for the prompt and full payment of this fee. The amount
varies depending upon the dollar value of all disbursements made during the calendar
quarter; however, a minimum fee of $325.00 is due each quarter even if no
disbursements are made during the quarter.

All quarterly fees must be paid before a chapter 11 plan can be confirmed. Section
1129(a)(12) of the Code states: "The Court shall confirm a plan only if all of the
following requirements are met. All fees payable under section 1930, as determined by
the court as the hearing on the confirmation of the plan, have been paid or the plan
provides for the payment of all such fees on the effective date of the plan."

Please make all checks payable to the “Clerk, U.S. Bankruptcy Court.” The
debtor's case number should be written on the face of the check. Direct all
correspondence and questions regarding your account to the Office of the Bankruptcy
Administrator.

If any check is returned marked "Insufficient Funds", all future quarterly fee payments
must be made by cashier's check, certified funds or postal money order.

 

Quarterly Fee Schedule

Effective for Fees after January 1, 2008

Quarterly Disbursements Old Fee New Fee Increase
$0 to $14,999.99 $250 $325 $75
$15,000 - $74,999.99 $500 $650 $150
$75,000 - $149,9 $750 $975 $225
$150,000 - $224,999.99 $1,250 $1,625 $375
$225,000 - $299,999.99 $1,500 $1,950 $450
$300,000 - $999,999.99 $3,750 $4,875 $1,125
$1,000,000 - $1,999,999.99 $5,000 $6,500 $1,500
$2,000,000 - $2,999,999.99 $7,500 $9,750 $2,250
$3,000,000 - $4,999,999.99 $8,000 $10,400 $2,400
> $5,000,000 $10,000   Discontinued
$5,000,000 - $14,999,999.99   $13,000 New
$15,000,000 - $29,999,999.99   $20,000 New
>$30,000,000 or more   $30,000 New

Quarterly Fee Due Dates
Quarter Ending Due Date for Payment
1st Quarter Jan-Feb-Mar March 31 April 30
2nd Quarter Apr-May-Jun June 30 July 31
3rd Quarter Jul-Aug-Sep September 30 October 31
4th Quarter Oct-Nov-Dec December 31 January 31

 

 

 

 

 

It is the debtor’s independent responsibility to ensure these fees are paid on or before the due
date. The debtor will receive no bill.

 

Quarterly Fee Statements

Fed. R. Bankr. P. 2015(a)(5) requires that a debtor-in-possession file with the Bankruptcy Court
and transmit to the United States Bankruptcy Administrator a statement of disbursements made
during a calendar quarter, the amount of quarterly fees owed and the amount of fees paid to the
United States Bankruptcy Clerk. The Chapter 11 Quarterly Fee Statement (See Attached
Exhibit “A”) must be filed with the Bankruptcy Court and transmitted to the United States
Bankruptcy Administrator on or before the last day of the month after the end of each calendar
quarter. Even if a plan has been confirmed, this report must be timely submitted by all chapter
11 debtors until the case has been converted or dismissed.

If you seek to voluntarily dismiss your case, you must tender a copy of the check, payable to the
Clerk, U.S. Bankruptcy Court, representing payment of the quarterly fee together with a
completed Chapter 11 Quarterly Fee Statement to the United States Bankruptcy Administrator
prior to the hearing on dismissal. Failure to tender the quarterly fee may result in the United
States Bankruptcy Administrator’s opposing dismissal of the case and requesting its conversion
to a chapter 7 liquidation.

 

Collection Actions

Please take notice that a chapter 11 debtor’s failure to pay quarterly fees pursuant to 28 U.S.C. §
1930 has significant legal consequences. The United States Bankruptcy Administrator may
move for dismissal or conversion of your chapter 11 case
. Additionally, please be advised that,
pursuant to the Debt Collection Improvements Act of 1996, Public Law 104-134, Title III,
§31001(I)(3)(A), 110 Stat. 1321365, codified at 31 U.S.C. §3701, the United States Bankruptcy
Administrator may use the debtor’s Taxpayer Identification Number(“TIN”) as reported by the
debtor or debtor’s counsel in connection with the chapter 11 bankruptcy proceedings for the
purpose of collecting and reporting on any delinquent debt, including chapter 11 quarterly fees.
The United States Bankruptcy Administrator may provide the debtor’s TIN to the Department
of Treasury for its use in attempting to collect overdue debts. Treasury may take the following
steps: (1) submit the debt to the Internal Revenue Service Offset Program so that the amount
owed may be deducted from any payment made by the federal government to the debtor,
including but not limited to tax refunds; (2) report the delinquency to credit reporting agencies;
(3) send collection notices to the debtor; (4) engage private collection agencies to collect the
debt, and (5) engage the United States Attorney’s office to sue for collection. Collection costs
will be added to the total amount of the debt.

 

Chapter 11 Quarterly Fee Statement form - PDF