Local Bankruptcy Rules – Western District Of Oklahoma

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RULE 1006-1 FILING FEE

A. Provision for Payment. Payment of a filing fee shall be in accordance with Local Rule 5080-1 and the ECF Guidelines. Any petition for relief presented for paper filing without proper provision for payment of the filing fee in currency, cashier’s check, money order, check of the attorney or credit card will not be accepted for filing by the Clerk unless the petition is accompanied by an application to pay filing fee in installments, prepared as prescribed by the appropriate Official Form, or an application requesting a waiver under 28 U.S.C. § 1930(f), prepared as prescribed by the appropriate Official Form, both of which must be separate from the petition. When a filing fee is required, the ECF System will prompt electronic filers to enter necessary payment information. If filing fees are not paid before the next consecutive day after being incurred, the filer will be locked out of the ECF system until filing fees are paid. Debit cards are not an acceptable form of payment.

B. Pro Se Debtors. Payment of a filing fee by a pro se debtor shall be by cash, cashier’s check or money order payable to “Clerk, United States Bankruptcy Court.” See also Local Rule 5080-1.

C. Payment of Filing Fee in Installments. An application for payment of the filing fee in installments must provide for the filing fee to be paid in four (4) approximately equal installments. The first installment shall be due upon filing the petition. An application for payment of the filing fee in installments must be separate from the petition, must state the proposed installment payments and must be on the appropriate Official Form. With respect to payment of the filing fee in installments in Chapter 13 cases, the application must state whether the debtor will pay the installments directly to the Court Clerk, or intends to pay the filing fee through the plan. If the debtor proposes to pay the installments directly, the filing fee must be paid in full prior to confirmation of the plan. If the debtor proposes to pay the filing fee through the plan, the plan must provide for such payment and the plan may not be confirmed unless the chapter 13 Trustee has sufficient funds on hand to enable payment of the filing fee with the first disbursement following confirmation.

D. Failure to Make Installment Payment. The Clerk is directed to give notice of a hearing to show cause upon failure to receive timely installment payments. The Clerk must give no less than ten (10) days’ notice by mail of the hearing to the debtor and counsel of record. If debtor, or counsel of record, fails to appear at such hearing or otherwise fails to show good cause why the case should not be dismissed for failure to pay filing fee, or fails to pay the entire balance of the fee owing at or prior to the hearing, the Court may dismiss the case, or otherwise dispose of it.

E. Priority of Payment. All fees and costs due and owing to the Clerk must be paid in full prior to payment of any interim professional compensation or other administrative expenses in a case except as specifically authorized by the Court.

F. Refund Policy. Attorneys are responsible to ensure that filing fees are paid correctly and accurately. Failure to pay filing fees correctly may result in the loss of monies paid or in an attorney being “locked out” of the ECF System. Adjustments to payments made on pay.gov may be possible if the Clerk’s office receives notification on the day of the overpayment. If an attorney believes that a filing fee has been paid in error, the attorney MUST: (1) notify the Clerk’s office of the erroneous payment immediately by phone or in person; (2) request a refund of filing fees in the form of a written application that is filed in the appropriate case; and (3) obtain written verification of the information contained within the request for refund by the Clerk’s office.