Notice of Revised Local Rules Effective October 1, 2013

Tuesday, September 3, 2013

Notice

Revised Local Rules Effective October 1, 2013

Issued September 3, 2013

The United States Bankruptcy Court for the Northern District of Alabama announces revisions to Local Rules 1006-1 and 5081-1 will go into effect October 1, 2013.  The revised Local Rules 1006-1 and 5081-1 along with blacklined versions illustrating the revisions are as follows:

Revised Local Rule 1006-1

RULE 1006-1     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 application and allow the debtor fourteen days from the petition date to pay the entire filing fee.  If the entire filing fee is not paid, the Court may dismiss the case without a hearing.  An order denying the debtor's application will be entered on the CM/ECF docket report of the case.
(b) Minimum Initial Payment.  In all cases where subdivision (a) does not apply, 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 in accordance with Local Rule 5081-1(a).
(c) Cases Filed on or After October 1, 2013.  For chapter 13 cases filed on or after October 1, 2013, debtors must pay installment payments through CM/ECF consistent with Local Rule 5081-1(a) and not through a chapter 13 trustee.  For chapter 13 cases filed prior to and that are pending on October 1, 2013, debtors may continue to pay filing fees by installments through a chapter 13 trustee.

Blackline Revised Local Rule 1006-1 (new language in italics)

RULE 1006-1     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 application request and schedule a hearing to allow the debtor fourteen days from the petition date to pay the entire filing fee.  If the entire filing fee is not paid, the Court may dismiss the case without a hearing.  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.  In all cases where subdivision (a) does not apply, 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 in accordance with Local Rule 5081-1(a).
(c) Cases Filed on or After October 1, 2013.  For chapter 13 cases filed on or after October 1, 2013, debtors must pay installment payments through CM/ECF consistent with Local Rule 5081-1(a) and not through a chapter 13 trustee.  For chapter 13 cases filed prior to and that are pending on October 1, 2013, debtors may continue to pay filing fees by installments through a chapter 13 trustee.

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."  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.

Blackline Revised Local Rule 5081-1 (new language in italics)

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, MasterCard 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 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."  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.

If you have any questions regarding this announcement, please contact us at ecftrain@alnb.uscourts.gov