§ 1930. — Bankruptcy fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1930]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 123--FEES AND COSTS
Sec. 1930. Bankruptcy fees
(a) Notwithstanding section 1915 of this title, the parties
commencing a case under title 11 shall pay to the clerk of the district
court or the clerk of the bankruptcy court, if one has been certified
pursuant to section 156(b) of this title, the following filing fees:
(1) For a case commenced under chapter 7 or 13 of title 11,
$155.
(2) For a case commenced under chapter 9 of title 11, equal to
the fee specified in paragraph (3) for filing a case under chapter
11 of title 11. The amount by which the fee payable under this
paragraph exceeds $300 shall be deposited in the fund established
under section 1931 of this title.
(3) For a case commenced under chapter 11 of title 11 that does
not concern a railroad, as defined in section 101 of title 11, $800.
(4) For a case commenced under chapter 11 of title 11 concerning
a railroad, as so defined, $1,000.
(5) For a case commenced under chapter 12 of title 11, $200.
(6) In addition to the filing fee paid to the clerk, a quarterly
fee shall be paid to the United States trustee, for deposit in the
Treasury, in each case under chapter 11 of title 11 for each quarter
(including any fraction thereof) until the case is converted or
dismissed, whichever occurs first. The fee shall be $250 for each
quarter in which disbursements total less than $15,000; $500 for
each quarter in which disbursements total $15,000 or more but less
than $75,000; $750 for each quarter in which disbursements total
$75,000 or more but less than $150,000; $1,250 for each quarter in
which disbursements total $150,000 or more but less than $225,000;
$1,500 for each quarter in which disbursements total $225,000 or
more but less than $300,000; $3,750 for each quarter in which
disbursements total $300,000 or more but less than $1,000,000;
$5,000 for each quarter in which disbursements total $1,000,000 or
more but less than $2,000,000; $7,500 for each quarter in which
disbursements total $2,000,000 or more but less than $3,000,000;
$8,000 for each quarter in which disbursements total $3,000,000 or
more but less than $5,000,000; $10,000 for each quarter in which
disbursements total $5,000,000 or more. The fee shall be payable on
the last day of the calendar month following the calendar quarter
for which the fee is owed.
(7) In districts that are not part of a United States trustee
region as defined in section 581 of this title, the Judicial
Conference of the United States may require the debtor in a case
under chapter 11 of title 11 to pay fees equal to those imposed by
paragraph (6) of this subsection. Such fees shall be deposited as
offsetting receipts to the fund established under section 1931 of
this title and shall remain available until expended.
An individual commencing a voluntary case or a joint case under title 11
may pay such fee in installments. For converting, on request of the
debtor, a case under chapter 7, or 13 of title 11, to a case under
chapter 11 of title 11, the debtor shall pay to the clerk of the
district court or the clerk of the bankruptcy court, if one has been
certified pursuant to section 156(b) of this title, a fee of the amount
equal to the difference between the fee specified in paragraph (3) and
the fee specified in paragraph (1).
(b) The Judicial Conference of the United States may prescribe
additional fees in cases under title 11 of the same kind as the Judicial
Conference prescribes under section 1914(b) of this title.
(c) Upon the filing of any separate or joint notice of appeal or
application for appeal or upon the receipt of any order allowing, or
notice of the allowance of, an appeal or a writ of certiorari $5 shall
be paid to the clerk of the court, by the appellant or petitioner.
(d) Whenever any case or proceeding is dismissed in any bankruptcy
court for want of jurisdiction, such court may order the payment of just
costs.
(e) The clerk of the court may collect only the fees prescribed
under this section.
(Added Pub. L. 95-598, title II, Sec. 246(a), Nov. 6, 1978, 92 Stat.
2671; amended Pub. L. 98-353, title I, Sec. 111(a), (b), July 10, 1984,
98 Stat. 342; Pub. L. 99-500, Sec. 101(b) [title IV, Sec. 407(b)], Oct.
18, 1986, 100 Stat. 1783-39, 1783-64, and Pub. L. 99-591, Sec. 101(b)
[title IV, Sec. 407(b)], Oct. 30, 1986, 100 Stat. 3341-39, 3341-64; Pub.
L. 99-554, title I, Secs. 117, 144(f), Oct. 27, 1986, 100 Stat. 3095,
3097; Pub. L. 101-162, title IV, Sec. 406(a), Nov. 21, 1989, 103 Stat.
1016; Pub. L. 102-140, title I, Sec. 111(a), Oct. 28, 1991, 105 Stat.
795; Pub. L. 103-121, title I, Sec. 111(a)(1), (b)(1), Oct. 27, 1993,
107 Stat. 1164; Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110
Stat. 11, amended Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110
Stat. 37; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I,
Sec. 109(a)], Sept. 30, 1996, 110 Stat. 3009, 3009-18; Pub. L. 106-113,
div. B, Sec. 1000(a)(1) [title I, Sec. 113], Nov. 29, 1999, 113 Stat.
1535, 1501A-20; Pub. L. 106-518, title I, Secs. 103-105, Nov. 13, 2000,
114 Stat. 2411, 2412.)
Codification
Amendment by Pub. L. 104-91 is based on section 111(a) of H.R. 2076,
One Hundred Fourth Congress, as passed by House of Representatives on
Dec. 6, 1995, which was enacted into law by Pub. L. 104-91.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
2000--Subsec. (a). Pub. L. 106-518, Sec. 104, substituted ``the
amount equal to the difference between the fee specified in paragraph
(3) and the fee specified in paragraph (1)'' for ``$400'' in concluding
provisions.
Subsec. (a)(2). Pub. L. 106-518, Sec. 103, substituted ``equal to
the fee specified in paragraph (3) for filing a case under chapter 11 of
title 11. The amount by which the fee payable under this paragraph
exceeds $300 shall be deposited in the fund established under section
1931 of this title'' for ``$300''.
Subsec. (a)(7). Pub. L. 106-518, Sec. 105, which directed amendment
of subsec. (a) by adding par. (7) at end, was executed by adding par.
(7) after par. (6) and before concluding provisions to reflect the
probable intent of Congress.
1999--Subsec. (a)(1). Pub. L. 106-113 substituted ``$155'' for
``$130''.
1996--Subsec. (a)(3). Pub. L. 104-208 inserted a dollar sign before
``800''.
Subsec. (a)(6). Pub. L. 104-208 substituted ``$500 for each quarter
in which disbursements total $15,000 or more but less than $75,000; $750
for each quarter in which disbursements total $75,000 or more but less
than $150,000; $1,250 for each quarter in which disbursements total
$150,000 or more but less than $225,000; $1,500 for each quarter in
which disbursements total $225,000 or more but less than $300,000;
$3,750 for each quarter in which disbursements total $300,000 or more
but less than $1,000,000; $5,000 for each quarter in which disbursements
total $1,000,000 or more but less than $2,000,000; $7,500 for each
quarter in which disbursements total $2,000,000 or more but less than
$3,000,000; $8,000 for each quarter in which disbursements total
$3,000,000 or more but less than $5,000,000; $10,000 for each quarter in
which disbursements total $5,000,000 or more. The fee shall be payable
on the last day of the calendar month following the calendar quarter for
which the fee is owed.'' for ``$500 for each quarter in which
disbursements total $15,000 or more but less than $150,000; $1,250 or
each quarter in which disbursements total $150,000 or more but less than
$300,000; $3,750 for each quarter in which disbursements total $300,000
or more but less than $3,000,000; $5,000 for each quarter in which
disbursements total $3,000,000 or more. The fee shall be payable on the
last day of the calendar month following the calendar quarter for which
the fee is owed.''
Pub. L. 104-91, as amended by Pub. L. 104-99, struck out ``a plan is
confirmed or'' before ``the case is converted''.
1993--Subsec. (a)(1). Pub. L. 103-121, Sec. 111(a)(1), substituted
``$130'' for ``$120''.
Subsec. (a)(3). Pub. L. 103-81, Sec. 111(b)(1), substituted ``800''
for ``$600''.
1991--Subsec. (a)(3). Pub. L. 102-140, Sec. 111(a)(1), substituted
``$600'' for ``$500''.
Subsec. (a)(6). Pub. L. 102-140, Sec. 111(a)(2), substituted
``$250'' for ``$150'', ``$500'' for ``$300'', ``$1,250'' for ``$750'',
``$3,750'' for ``$2,250'', and ``$5,000'' for ``$3,000''.
1989--Subsec. (a)(1). Pub. L. 101-162 substituted ``$120'' for
``$90''.
1986--Subsec. (a). Pub. L. 99-554, Secs. 117(5), 144(f), in
introductory and closing provisions, substituted ``of the district court
or the clerk of the bankruptcy court, if one has been certified pursuant
to section 156(b) of this title'' for ``of the court'', and in closing
provisions, inserted provision that for conversion, on request of the
debtor, of a case under chapter 7 or 13 of title 11, to a case under
chapter 11 of title 11, the debtor pay to the clerk of the court a fee
of $400.
Subsec. (a)(1). Pub. L. 99-500 and Pub. L. 99-591, Pub. L. 99-554,
Sec. 117(1), amended par. (1) identically substituting ``$90'' for
``$60''.
Subsec. (a)(3). Pub. L. 99-554, Sec. 117(2), substituted ``$500''
for ``$200''.
Subsec. (a)(4). Pub. L. 99-554, Sec. 117(3), substituted ``$1,000''
for ``$500''.
Subsec. (a)(5), (6). Pub. L. 99-554, Sec. 117(4), added pars. (5)
and (6).
1984--Pub. L. 98-353, Sec. 111(b), substituted ``fees'' for
``courts'' in section catchline.
Subsecs. (a), (c), (e). Pub. L. 98-353, Sec. 111(a), substituted
``clerk of the court'' for ``clerk of the bankruptcy court''.
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 113], Nov.
29, 1999, 113 Stat. 1535, 1501A-20, provided that the amendment made by
section 1000(a)(1) [title I, Sec. 113] is effective 30 days after Nov.
29, 1999.
Effective Date of 1993 Amendment
Section 111(a) of Pub. L. 103-121 provided in part that the
amendment made by that section is effective 30 days after Oct. 27, 1993.
Section 111(b) of Pub. L. 103-121 provided in part that the
amendment made by that section is effective 30 days after Oct. 27, 1993.
Effective Date of 1991 Amendment
Section 111 of Pub. L. 102-140 provided that the amendment made by
that section is effective 60 days after Oct. 28, 1991.
Effective Date of 1989 Amendment; Miscellaneous Fees
Section 406(a) of Pub. L. 101-162 provided that: ``Section
1930(a)(1) of title 28, United States Code, is amended by striking out
`$90' and inserting in lieu thereof `$120'. Pursuant to section 1930(b)
of title 28, the Judicial Conference of the United States shall
prescribe a fee of $60 on motions seeking relief from the automatic stay
under 11 U.S.C. section 362(b) and motions to compel abandonment of
property of the estate. The fees established pursuant to the preceding
two sentences shall take effect 30 days after the enactment of this Act
[Nov. 21, 1989].''
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
with effective date and applicability of enactment of subsec. (a)(6) of
this section by section 117(4) of Pub. L. 99-554 dependent upon the
judicial district involved, see section 302(a), (d), (e) of Pub. L. 99-
554, set out as a note under section 581 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of this title.
Effective Date
Section effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-
598, set out as a note preceding section 101 of Title 11, Bankruptcy.
Accrual and Payment of Quarterly Fees in Chapter 11 Cases After Jan. 27,
1996; Confirmation Status of Plans
Section 101(a) of Pub. L. 104-91, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title I, Sec. 109(d)], Sept. 30, 1996, 110
Stat. 3009, 3009-19, provided in part: ``That, notwithstanding any other
provision of law, the fees under 28 U.S.C. 1930(a)(6) shall accrue and
be payable from and after January 27, 1996, in all cases (including,
without limitation, any cases pending as of that date), regardless of
confirmation status of their plans''.
Report on Bankruptcy Fees
Section 111(d) of Pub. L. 103-121 provided that:
``(1) Report required.--Not later than March 31, 1998, the Judicial
Conference of the United States shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate, a report
relating to the bankruptcy fee system and the impact of such system on
various participants in bankruptcy cases.
``(2) Contents of report.--Such report shall include--
``(A)(i) an estimate of the costs and benefits that would result
from waiving bankruptcy fees payable by debtors who are individuals,
and
``(ii) recommendations regarding various revenue sources to
offset the net cost of waiving such fees; and
``(B)(i) an evaluation of the effects that would result in cases
under chapters 11 and 13 of title 11, United States Code, from using
a graduated bankruptcy fee system based on assets, liabilities, or
both of the debtor, and
``(ii) recommendations regarding various methods to implement
such a graduated bankruptcy fee system.
``(3) Waiver of fees in selected districts.--For purposes of
carrying out paragraphs (1) and (2), the Judicial Conference of the
United States shall carry out in not more than six judicial districts,
throughout the 3-year period beginning on October 1, 1994, a program
under which fees payable under section 1930 of title 28, United States
Code, may be waived in cases under chapter 7 of title 11, United States
Code, for debtors who are individuals unable to pay such fees in
installments.
``(4) Study of graduated fee system.--For purposes of carrying out
paragraphs (1) and (2), the Judicial Conference of the United States
shall carry out, in not fewer than six judicial districts, a study to
estimate the results that would occur in cases under chapters 11 and 13
of title 11, United States Code, if filing fees payable under section
1930 of title 28, United States Code, were paid on a graduated scale
based on assets, liabilities, or both of the debtor.''
Court Fees for Electronic Access to Information
Judicial Conference to prescribe reasonable fees for collection by
courts under this section for access to information available through
automatic data processing equipment and fees to be deposited in
Judiciary Automation Fund, see section 303 of Pub. L. 102-140, set out
as a note under section 1913 of this title.
Issuance of Notices to Creditors and Other Interested Parties
Section 403 of Pub. L. 101-162 provided that: ``Notwithstanding any
other provision of law, for fiscal year 1990 and hereafter, (a) The
Administrative Office of the United States Courts, or any other agency
or instrumentality of the United States, is prohibited from restricting
solely to staff of the Clerks of the United States Bankruptcy Courts the
issuance of notices to creditors and other interested parties. (b) The
Administrative Office shall permit and encourage the preparation and
mailing of such notices to be performed by or at the expense of the
debtors, trustees or such other interested parties as the Court may
direct and approve. (c) The Director of the Administrative Office of the
United States Courts shall make appropriate provisions for the use of
and accounting for any postage required pursuant to such directives.''
Collection and Disposition of Fees in Bankruptcy Cases
Section 404(a) of Pub. L. 101-162 provided that: ``For fiscal year
1990 and hereafter, such fees as shall be collected for the preparation
and mailing of notices in bankruptcy cases as prescribed by the Judicial
Conference of the United States pursuant to 28 U.S.C. 1930(b) shall be
deposited to the `Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses' appropriation to be used for salaries
and other expenses incurred in providing these services.''
Section Referred to in Other Sections
This section is referred to in section 589a of this title; title 11
sections 104, 1129.
