Re-open Fees

[malf1204]

Correct me if I am wrong. I am trying to file a motion to re-open my Chapter 7 Bankruptcy case because several creditors are violating the permanent injunctions by report dollar amounts due and late payments after filing and discharge. The clerk said I need to pay $260.00 Here is the Federal Bankruptcy code fee schedule:

Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C. § 1930)
The fees included in the Bankruptcy Court Miscellaneous Fee Schedule are to be charged for services provided by the bankruptcy courts.

(11) For filing a motion to reopen, the following fees apply:


For filing a motion to reopen a Chapter 7 case, $245.


For filing a motion to reopen a Chapter 9 case, $1000.


For filing a motion to reopen a Chapter 11 case, $1000.


For filing a motion to reopen a Chapter 12 case, $200.


For filing a motion to reopen a Chapter 13 case, $235.


For filing a motion to reopen a Chapter 15 case, $1000.
The fee amounts in this item are derived from the fees prescribed in 28 U.S.C.§ 1930(a).
The reopening fee must be charged when a case has been closed without a discharge being entered.
The court may waive this fee under appropriate circumstances or may defer payment of the fee from trustees pending discovery of additional assets. If payment is deferred, the fee should be waived if no additional assets are discovered.
The reopening fee must not be charged in the following situations:


to permit a party to file a complaint to obtain a determination under Rule 4007(b); or


when a debtor files a motion to reopen a case based upon an alleged violation of the terms of the discharge under 11 U.S.C. § 524; or


Does it not say that the reopening fee MUST not be cahrged when a debtor files a motion to reopen based upon an alleged violation of the terms of discharge under 11USC 524??????

[MSbklawyer]

You are right. The fee is waived if the case is being re-opened to prosecute a discharge injunction violation. But I learned something. I had always thought that it was a district-by-district thing. I handn't realized the fee was waived by statute.

[justbroke]

It is waived. However, you should plead in your motion to have the fee actually waived and list the Statute! i have read too many re-open cases where the Clerk tried to charge to re-open. However, the Judge is the one that approves the re-opening.

[mountanddo]

Excellent sleuthing malf1204!

[AngelinaCatHub]

malf, good for you. Open and go after those who are violating the injunction. That is more important than the fee. Get them sanctioned well and perhaps you may recover a bit for your aggravation. That will give us all a bit of cheer. 'Hub

[malf1204]

WHile we are on the subject I have 6 creditors who are in violation should I file one Motion to Show Cause for all creditors or 6 separate motions?

[justbroke]

That's a really great procedural question. I don't know if it can be an Omnibus motion. If you are re-opening, you need a Motion to Re-Open anyhow and in that paper, you can list the creditors and what the cause is that would allow you to re-open the case.

Then, once open, you can file the motion (or motions) for entry of order to show cause and for sanctions. The Clerk's office or the Judge's law clerk may be able to answer the "procedural" question as to whether you can do this as an omnibus motion (one motion for all creditors), or with individual motions. Personally, I think it's clear to do the Motion to Re-Open listing each creditor (in a separate numbered paragraph of course) and why you are seeking relief to re-open the case. I'd then, after the case is re-opened, immediately file separate Motions for Entry of Order to Show Cause and for Sanctions for each creditor. But that's just me.

[tobee43]

best of luck! and GO GET THEM!!!!