Notice of Proposed Revised Local Rules Available for Public Comment

Thursday, July 18, 2013

(Comment Period Ends July 31, 2013)

Reminder Notice Issued July 18, 2013

(Originally Issued July 1, 2013)

 
The United States Bankruptcy Court for the Northern District of Alabama announces the posting of proposed revised Local Rules 1006-1 and 5081-1 for public comment. The proposed revised Local Rules 1006-1 and 5081-1 along with redlined versions illustrating the revisions are as follows:
 
Proposed Revised Local Rule 1006-1
RULE1006-1 PAYMENT OF FILING FEE IN INSTALLMENTS
 
(a) Fees Owed from Previous Case. If a debtor files an application to pay filing fees in installments and the debtor owes an unpaid fee from a previous case filed within five calendar years, the Court will deny the request and consider dismissal of the case. An order denying the debtor's application will be entered on the CM/ECF docket report of the case.
 
(b) Minimum Initial Payment. When filing an application to pay filing fees in installments, the debtor must pay a minimum initial installment payment of twenty-five percent of the total filing fee owed within thirty days of the petition date.
 
Redlined version (new language in italics forth is notice only):
RULE1006-1 PAYMENT OF FILING FEE IN INSTALLMENTS
 
(a) Fees Owed from Previous Case. If a debtor files an application requests to pay a filing fees in installments and the debtor owes an unpaid filing fee from a previous case filed within five calendar years, the Court will deny the request and schedule a hearing to consider dismissal of the case. An non-image order denying the debtor's application will be entered on the CM/ECF docket report of the case.
(b) Minimum Initial Payment. When filing an application to pay filing fees in installments, the debtor m
ust pay a minimum initial installment payment of twenty-five percent of the total filing fee owed within thirty days of the petition date.
 
Proposed Revised Local Rule 5081-1
RULE 5081-1 FORM OF PAYMENT OF FEES
 
(a) Payment of Fees Electronically. All documents requiring a fee that are filed electronically via CM/ECF must be paid electronically by the filer.
 
(b) Other Fees Outside of CM/ECF. For transactions outside of CM/ECF (e.g., requests for copies or certification of documents), payment of fees can be made by certified check, cashier's check, money order, or by check drawn on the account of any officer of the estate or an attorney admitted to practice before this Court. All forms of payment must be drawn to the order of "Clerk, U.S. Bankruptcy Court." For security purposes, cash payments are not accepted.
 
(c) Chapter 11 Quarterly Fees. Quarterly fees in chapter 11 cases pursuant to 28 U.S.C.§1930(a) must be paid electronically via CM/ECF by the filer.
 
Redlined version (new language in italics for this notice only):
RULE 5081-1 FORM OF PAYMENT OF FEES
 
(a) Payment of Filing Fees Electronically Electronic Means. All documents requiring a fee that are filed electronically via CM/ECF must be paid electronically by the attorney filer. The following credit cards are the only acceptable method for payment of such fee: American Express, Diners Club, Discover, Master Card or Visa. The provisions of this paragraph do not apply if an application to pay filing fee in installments is filed or a request for waiver of fee in a chapter 7 case is filed unless the application or request is denied.
 
(b) Other Fees Outside of CM/ECF. Payment of Fees in Southern Division of the Court. Any filing fee not paid as required by subdivision (a) of this Rule and payable to the Southern Division For transactions outside of CM/ECF (e.g., requests for copies or certification of documents), payment of fees can be made by cash, certified check, cashier's check, money order, or by check drawn on the account of any officer of the estate or an attorney admitted to practice before this Court. All forms of payment other than cash must be drawn to the order of "Clerk, U.S. Bankruptcy Court." Other sums, including those of anon-filing nature found in the Schedule of Fees for Bankruptcy Courts prescribed by the Judicial Conference of the United States under the authority of 28 U.S.C.§ 1930 (b), may be payable by non-debtor personal check drawn to the order of "Clerk, U.S. Bankruptcy Court." For security purposes, cash payments are not accepted.
 
(c) Payment of Fees in Eastern, Northern, and Western Divisions of the Court. Any filing fee not paid as required by subdivision (a) of this Rule and payable to the Eastern, Northern, or Western Division can be made by certified check, cashier's check, money order, or by check drawn on the account of any officer of the estate or an attorney admitted to practice before this Court. All forms of payment must be drawn to the order of "Clerk, U.S. Bankruptcy Court." Other sums, including those of a non-filing nature found in the Schedule of Fees for Bankruptcy Courts prescribed by the Judicial Conference of the United States under the authority of 28 U.S.C.§1930 (b), may be payable by non- debtor personal check drawn to the order of "Clerk, U.S. Bankruptcy Court." For security purposes, cash payments will not be accepted in the Eastern, Northern, and Western Divisions.
 
(c) Chapter 11 Quarterly Fees. Quarterly fees in chapter 11 cases pursuant to 28 U.S.C.§1930 (a)must be paid electronically via CM/ECF by the filer.
 
These proposed revised Local Rules are available for public comment beginning July 1, 2013, and ending July 31, 2013, at 4:30 p.m.
Please share any comments with the Court by sending an email to localrules@alnb.uscourts.gov by July31, 2013, at 4:30 p.m.
 
If you have any questions regarding this announcement, please contact us at ecftrain@alnb.uscourts.gov.