Naughty Or Nice?

By Jill Michaux, Kansas Bankruptcy Attorney

The tradition of a lump of coal in a child’s Christmas stocking is said to have begun in Holland in the mid-19th century.  Naughty children received a lump of coal; nice children received a small toy or a piece of candy.  Interestingly, the prevailing religious view in Holland at that time was that poverty was punishment by God for evil deeds by you or your ancestors.

Debtors already know what they are getting for their holiday present: a lump of coal. That is because the cost to file a bankruptcy case increased on November 1, 2011.

The fee to file a bankruptcy case increased by $7.  The filing fee is actually a combination of fees that must be paid to initiate a bankruptcy case.  The $7 increase is a portion of the money required and it is one of those costs, the “administrative fee,” that has increased.  Whatever fees or courts costs are called, it requires more money to get bankruptcy help for debtors:

The new total fees to start a new bankruptcy case are:

●          Chapter 7        $306

●          Chapter 13      $281

●          Chapter 11      $1046

Debtors must now to pay $30 to amend Schedule D, E, F, G or H, up from $26.  Creditors must pay $176 to file a motion to lift the automatic stay, up from $150.

Other fee increases:

●          Certification $11 from $9

●          Exemplication $21 from $18

●          Record Search $30 from $26

●          Adversary Proceeding $293 from $250

●          Document Filing/Indexing $46 from $39

●          Title 11 Administrative Fee $46 from $39

●          Record Retrieval $53 from $45

●          Returned Check $53 from $45

●          Notice of Appeal $293 from $250

The statutory authority for the bankruptcy court fees is 28 U.S.C. 1930.

If you have paid your bankruptcy lawyer for your filing fee and your case has not yet been filed, contact your lawyer about the $7 increase in filing fee.

P.S.  Thanks to Bankruptcy Law Network founder Jay Fleischman for his creative genius in helping write a Halloween version of this article.



Jill Michaux has represented consumer debtors in bankruptcy for three decades. She practices law with her husband, Mark Neis, at Neis & Michaux, P.A., in Topeka, Kansas. She blogs for the Bankruptcy Law Network and her own site, Kansas Bankruptcy Information. You may reach her at [email protected].


No Author Biography has been linked to this Article.

Related Articles

July 18, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The primary purpose of this two-part paper is to explore recent legislation that makes it easier for some individuals to modify the terms of their residential mortgages, especially if they are farmers or small business owners. The emphasis is on the Small Business Reorganization Act of 2019 (SBRA).1 A...
Members
Copy of Hildebrand-2016
January 14, 2024
In some instances, this case could be a real game-changer for dealing with student loans. Chapter 13 plan may classify student loans in a separate class!
Members
Jennifer Crusetuner Photo
October 15, 2023
(Yep, there are lots of them right now!!) Jennifer K. Cruseturner currently serves as a Chapter 13 Standing Trustee in the Western District of Tennessee, Western Division. After an extended retirement process for George Stevenson (he never could do anything in ‘normal’ fashion!), Jennifer was appointed as Stevenson’s successor on May 1, 2023.   Jennifer graduated from Newcomb College of...
memorialday
May 28, 2023
Memorial Day 2023 Honoring the Sacrifices of All Who Served
moran_cathy
October 30, 2022
Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...
Members
Academy Circle Logo Final
March 27, 2022
Krista M. Preuss was appointed as the Chapter 13 Standing Trustee for the Southern District of New York on February 1, 2018. She succeeded Jeffrey Sapir after his retirement. On October 1, 2021, she was appointed as the Chapter 13 Standing Trustee for the Eastern District of New York, succeeding Marianne DeRosa upon her retirement. Yep, two trusteeships. Can you...
gendron-1
September 17, 2023
“Perhaps the most obvious problem with this instructional language is that it refers to outdated services.”
Members
April 11, 2021
By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current...
Members
July 5, 2020
By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo V. The Good Faith Requirement The hanging paragraph was enacted to protect creditors. It accomplishes this by prohibiting the bifurcation of certain secured debts that were acquired shortly before the time of filing. Despite a Chapter 13 debtor’s inability to bifurcate...
Members
danbrunner
October 1, 2023
Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science.  After finishing his undergraduate degree, Dan entered active duty in the United States Army.  He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery.  Dan retired from the United States Army in 1994 with the...

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: