Bankruptcy fees
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:
For a case commenced under—
chapter 7 of title 11, $245, and
chapter 13 of title 11, $235.
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.
For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $1,167.
For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000.
For a case commenced under chapter 12 of title 11, $200.
Except as provided in subparagraph (B), 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, other than under subchapter V, for each quarter (including any fraction thereof) until the case is converted or dismissed, whichever occurs first. The fee shall be $325 for each quarter in which disbursements total less than $15,000; $650 for each quarter in which disbursements total $15,000 or more but less than $75,000; $975 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,625 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,950 for each quarter in which disbursements total $225,000 or more but less than $300,000; $4,875 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $6,500 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $9,750 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $10,400 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $13,000 for each quarter in which disbursements total $5,000,000 or more but less than $15,000,000; $20,000 for each quarter in which disbursements total $15,000,000 or more but less than $30,000,000; $30,000 for each quarter in which disbursements total more than $30,000,000. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.
During the 10-year period beginning on
The fee shall be the greater of—
the greater of 0.4 percent of disbursements or $250 for each quarter in which disbursements total less than $1,000,000; or
0.9 percent of disbursements but not more than $250,000 for each quarter in which disbursements total at least $1,000,000.
The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.
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 shall 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).
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.
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.
Whenever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs.
The clerk of the court may collect only the fees prescribed under this section.
Under the procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive the filing fee in a case under chapter 7 of title 11 for an individual if the court determines that such individual has income less than 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved and is unable to pay that fee in installments. For purposes of this paragraph, the term “filing fee” means the filing fee required by subsection (a), or any other fee prescribed by the Judicial Conference under subsections (b) and (c) that is payable to the clerk upon the commencement of a case under chapter 7.
The district court or the bankruptcy court may waive for such debtors other fees prescribed under subsections (b) and (c).
This subsection does not restrict the district court or the bankruptcy court from waiving, in accordance with Judicial Conference policy, fees prescribed under this section for other debtors and creditors.
Source
(Added Pub. L. 95–598, title II, § 246(a),Notes
Editorial Notes
References in Text
Codification
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2026 Amendment
Effective Date of 2019 Amendment
Effective Date of 2017 Amendment
Effective Date of 2012 Amendment
Effective Date of 2007 Amendment
Effective Date of 2006 Amendment
Effective Date of 2005 Amendments
Effective Date of 1999 Amendment
Effective Date of 1993 Amendment
Effective Date of 1991 Amendment
Effective Date of 1989 Amendment; Miscellaneous Fees
Effective Date of 1986 Amendment
Effective Date of 1984 Amendment
Effective Date
Remainder of Fees
$63.51 in the special fund of the Treasury established under section 1931 of title 28, United States Code.
$25.00 in the special fund established in accordance with section 10101(b) of the Deficit Reduction Act of 2005 [Pub. L. 109–171] (28 U.S.C. 1931 note).
$51.49 in the United States Trustee System Fund established under section 589a of title 28, United States Code.”
Findings and Purpose
Findings.—
Congress finds the following:
Because of the importance of the goal that the bankruptcy system is self-funded, at no cost to the taxpayer, Congress has closely monitored the funding needs of the bankruptcy system, including by requiring periodic reporting by the Attorney General regarding the United States Trustee System Fund.
Congress has amended the various bankruptcy fees as necessary to ensure that the bankruptcy system remains self-supporting, while also fairly allocating the costs of the system among those who use the system.
Because the bankruptcy system is interconnected, the result has been a system of fees, including filing fees, quarterly fees in chapter 11 [11 U.S.C. 1101 et seq.] cases, and other fees, that together fund the courts, judges, United States trustees, and chapter 7 [11 U.S.C. 701 et seq.] case trustees necessary for the bankruptcy system to function.
This Act [see Short Title of 2021 Amendment note set out under section 1 of this title] and the amendments made by this Act—
ensure adequate funding of the United States trustees, supports the preservation of existing bankruptcy judgeships that are urgently needed to handle existing and anticipated increases in business and consumer caseloads, and provides long-overdue additional compensation for chapter 7 case trustees whose caseloads include chapter 11 reorganization cases that were converted to chapter 7 liquidation cases; and
confirm the longstanding intention of Congress that quarterly fee requirements remain consistent across all Federal judicial districts.
Purpose.—
The purpose of this Act and the amendments made by this Act is to further the long-standing goal of Congress of ensuring that the bankruptcy system is self-funded, at no cost to the taxpayer.”