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Filing Fees in Bankruptcy Cases

DCL-93-11

Published: February 22, 1993
Information About:
State/Local Child Support Agencies
Types:
Policy, Dear Colleague Letters (DCL)
Tags:
Bankruptcy, User Fees

TO ALL STATE IV-D DIRECTORS

Dear Colleague:

This is to inform you of a recent decision by the Administrative Office of the U.S. Courts regarding filing fees for motions for relief from the automatic stay in bankruptcy cases, and for obtaining access to electronic records.

At the urging of child support practitioners, we inquired whether IV-D agencies may be exempted from the fees for electronic access to bankruptcy court records, and to obtain a waiver from the $60 filing fee for motions for relief from the automatic stay in bankruptcy cases, both of which are required under 28 U.S.C. õ 1930.

We received a reply to our inquiry. In responding, the Administrative Office of the U.S. Courts explained that, while the fees may be waived for Federal agencies in some limited circumstances, there does not appear to be any authority upon which to base a waiver for State agencies, despite the Federal financial participation that they receive. Further, at its June 1990 meeting, the Judicial Conference Committee on the Administration of the Bankruptcy system considered exempting State agencies from paying the fee for filing a motion for relief from the automatic stay, and the Judicial Conference denied the exemption. In light of that decision, it appears unlikely that State agencies will be exempted from the payment of bankruptcy fees. However, States may include such costs in their administrative expenditures submitted for Federal financial participation.

Sincerely,

Robert Harris

Acting Deputy Director

Office of Child Support Enforcement