Adversary Filing Fee

Rev. 01/08/2025

Bankruptcy Court Miscellaneous Fee Schedule Item #6

Exceptions to the Filing Fee

• No fee when the a debtor under Chapter 7 or 13 files the complaint.
• When the trustee or a debtor under Chapter 11 or 12  files the complaint the fee must be paid by the estate, to the extent there is an estate.
• A child support creditor or representative is the plaintiff and submits the form required by § 304(g) of the Bankruptcy Reform Act of 1994 with the complaint.

Defer Filing Fee

During the QC process for the complaint, the CA must set the Defer case flag. See Fee Deferred

The adversary filing fee is deferred when :

• The Chapter 7 trustee is the plaintiff. 
  • The fee is not collected if the case closes as a no-asset case.
  • If the case becomes an asset case, the court collects the fee from the estate when the trustee requests court costs.
• The court enters an order deferring the fee.

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