Source
(Added Pub. L. 95–598, title II, § 246(a), Nov. 6, 1978, 92 Stat. 2671; amended Pub. L. 98–353, title I, § 111(a), (b), July 10, 1984, 98 Stat. 342; Pub. L. 99–500, § 101(b) [title IV, § 407(b)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–64, and Pub. L. 99–591, § 101(b) [title IV, § 407(b)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–64; Pub. L. 99–554, title I, §§ 117,
144
(f), Oct. 27, 1986, 100 Stat. 3095, 3097; Pub. L. 101–162, title IV, § 406(a), Nov. 21, 1989, 103 Stat. 1016; Pub. L. 102–140, title I, § 111(a), Oct. 28, 1991, 105 Stat. 795; Pub. L. 103–121, title I, § 111(a)(1), (b)(1), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, amended Pub. L. 104–99, title II, § 211, Jan. 26, 1996, 110 Stat. 37; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 109(a)], Sept. 30, 1996, 110 Stat. 3009, 3009–18; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 113], Nov. 29, 1999, 113 Stat. 1535, 1501A–20; Pub. L. 106–518, title I, §§ 103–105, Nov. 13, 2000, 114 Stat. 2411, 2412; Pub. L. 109–8, title III, § 325(a), title IV, § 418, Apr. 20, 2005, 119 Stat. 98, 108; Pub. L. 109–13, div. A, title VI, § 6058(a), May 11, 2005, 119 Stat. 297; Pub. L. 109–171, title X, § 10101(a), Feb. 8, 2006, 120 Stat. 184; Pub. L. 110–161, div. B, title II, § 213(a), Dec. 26, 2007, 121 Stat. 1914.)
References in Text
Section 673(2) of the Omnibus Budget Reconciliation Act of 1981, referred to in subsec. (f)(1), is section 673(2) of
Pub. L. 97–35, which is classified to section
9902
(2) of Title
42, The Public Health and Welfare.
Codification
Amendment by
Pub. L. 104–91 is based on
111(a) of H.R.
2076, One Hundred Fourth Congress, as passed by House of Representatives on Dec. 6, 1995, which was enacted into law by
Pub. L. 104–91.
Pub. L. 99–591 is a corrected version of
Pub. L. 99–500.
Amendments
2007—Subsec. (a)(6).
Pub. L. 110–161 substituted last two sentences for former last two sentences which read as follows: “The fee shall be $250 for each quarter in which disbursements total less than $15,000; $500 for each quarter in which disbursements total $15,000 or more but less than $75,000; $750 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,250 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,500 for each quarter in which disbursements total $225,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $5,000 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $7,500 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $8,000 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $10,000 for each quarter in which disbursements total $5,000,000 or more. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.”
2006—Subsec. (a)(1).
Pub. L. 109–171, § 10101(a)(1), substituted “$245” for “$220” in subpar. (A) and “$235” for “$150” in subpar. (B).
Subsec. (a)(2).
Pub. L. 109–171, § 10101(a)(2), which directed substitution of “$2,750” for “$1,000” in par. (2), could not be executed because “$1,000” does not appear in par. (2).
2005—Subsec. (a).
Pub. L. 109–8, § 418(1), substituted “The parties” for “Notwithstanding section
1915 of this title, the parties” in introductory provisions.
Subsec. (a)(1).
Pub. L. 109–8, § 325(a)(1), as amended by
Pub. L. 109–13, added par. (1) and struck out former par. (1), which read as follows: “For a case commenced under chapter 7 or 13 of title
11, $155.”
Subsec. (a)(3).
Pub. L. 109–8, § 325(a)(2), as amended by
Pub. L. 109–13, substituted “$1,000” for “$800”.
Subsec. (f).
Pub. L. 109–8, § 418(2), added subsec. (f).
2000—Subsec. (a).
Pub. L. 106–518, § 104, substituted “the amount equal to the difference between the fee specified in paragraph (3) and the fee specified in paragraph (1)” for “$400” in concluding provisions.
Subsec. (a)(2).
Pub. L. 106–518, § 103, substituted “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 “$300”.
Subsec. (a)(7).
Pub. L. 106–518, § 105, which directed amendment of subsec. (a) by adding par. (7) at end, was executed by adding par. (7) after par. (6) and before concluding provisions to reflect the probable intent of Congress.
1999—Subsec. (a)(1).
Pub. L. 106–113 substituted “$155” for “$130”.
1996—Subsec. (a)(3).
Pub. L. 104–208 inserted a dollar sign before “800”.
Subsec. (a)(6).
Pub. L. 104–208 substituted “$500 for each quarter in which disbursements total $15,000 or more but less than $75,000; $750 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,250 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,500 for each quarter in which disbursements total $225,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $5,000 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $7,500 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $8,000 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $10,000 for each quarter in which disbursements total $5,000,000 or more. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.” for “$500 for each quarter in which disbursements total $15,000 or more but less than $150,000; $1,250 or each quarter in which disbursements total $150,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $3,000,000; $5,000 for each quarter in which disbursements total $3,000,000 or more. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.”
Pub. L. 104–91, as amended by
Pub. L. 104–99, struck out “a plan is confirmed or” before “the case is converted”.
1993—Subsec. (a)(1).
Pub. L. 103–121, § 111(a)(1), substituted “$130” for “$120”.
Subsec. (a)(3).
Pub. L. 103–81, § 111(b)(1), substituted “800” for “$600”.
1991—Subsec. (a)(3).
Pub. L. 102–140, § 111(a)(1), substituted “$600” for “$500”.
Subsec. (a)(6).
Pub. L. 102–140, § 111(a)(2), substituted “$250” for “$150”, “$500” for “$300”, “$1,250” for “$750”, “$3,750” for “$2,250”, and “$5,000” for “$3,000”.
1989—Subsec. (a)(1).
Pub. L. 101–162 substituted “$120” for “$90”.
1986—Subsec. (a).
Pub. L. 99–554, §§ 117(5),
144
(f), in introductory and closing provisions, substituted “of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section
156
(b) of this title” for “of the court”, and in closing provisions, inserted provision that for conversion, on request of the debtor, of a case under chapter 7 or 13 of title
11, to a case under chapter
11 of title
11, the debtor pay to the clerk of the court a fee of $400.
Subsec. (a)(1).
Pub. L. 99–500 and
Pub. L. 99–591,
Pub. L. 99–554, § 117(1), amended par. (1) identically substituting “$90” for “$60”.
Subsec. (a)(3).
Pub. L. 99–554, § 117(2), substituted “$500” for “$200”.
Subsec. (a)(4).
Pub. L. 99–554, § 117(3), substituted “$1,000” for “$500”.
Subsec. (a)(5), (6).
Pub. L. 99–554, § 117(4), added pars. (5) and (6).
1984—
Pub. L. 98–353, § 111(b), substituted “fees” for “courts” in section catchline.
Subsecs. (a), (c), (e).
Pub. L. 98–353, § 111(a), substituted “clerk of the court” for “clerk of the bankruptcy court”.
Effective Date of 2007 Amendment
Pub. L. 110–161, div. B, title II, § 213(b), Dec. 26, 2007,
121 Stat. 1914, provided that: “This section [amending this section] and the amendment made by this section shall take effect January 1, 2008, or the date of the enactment of this Act [Dec. 26, 2007], whichever is later.”
Effective Date of 2006 Amendment
Pub. L. 109–171, title X, § 10101(c), Feb. 8, 2006,
120 Stat. 184, provided that: “This section [amending this section and enacting provisions set out as a note under section
1931 of this title] and the amendments made by this section shall take effect 60 days after the date of the enactment of this Act [Feb. 8, 2006].”
Effective Date of 2005 Amendments
Amendment by
Pub. L. 109–13 effective immediately after the enactment of
Pub. L. 109–8, Apr. 20, 2005, see section 6058(b) of
Pub. L. 109–13, set out as a note under section
589a of this title.
Amendment by
Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of
Pub. L. 109–8, set out as a note under section
101 of Title
11.
Effective Date of 1999 Amendment
Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 113], Nov. 29, 1999,
113 Stat. 1535, 1501A–20, provided that the amendment made by section
1000
(a)(1) [title I, § 113] is effective 30 days after Nov. 29, 1999.
Effective Date of 1993 Amendment
Section 111(a) of
Pub. L. 103–121 provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.
Section 111(b) of
Pub. L. 103–121 provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.
Effective Date of 1991 Amendment
Section 111 of
Pub. L. 102–140 provided that the amendment made by that section is effective 60 days after Oct. 28, 1991.
Effective Date of 1989 Amendment; Miscellaneous Fees
Section 406(a) of
Pub. L. 101–162 provided that: “Section
1930
(a)(1) of title
28, United States Code, is amended by striking out ‘$90’ and inserting in lieu thereof ‘$120’. Pursuant to section
1930
(b) of title
28, the Judicial Conference of the United States shall prescribe a fee of $60 on motions seeking relief from the automatic stay under
11 U.S.C. section
362
(b) and motions to compel abandonment of property of the estate. The fees established pursuant to the preceding two sentences shall take effect 30 days after the enactment of this Act [Nov. 21, 1989].”
Effective Date of 1986 Amendment
Amendment by
Pub. L. 99–554 effective 30 days after Oct. 27, 1986, with effective date and applicability of enactment of subsec. (a)(6) of this section by section 117(4) of
Pub. L. 99–554 dependent upon the judicial district involved, see section 302(a), (d), (e) of
Pub. L. 99–554, set out as a note under section
581 of this title.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–353 effective July 10, 1984, see section 122(a) of
Pub. L. 98–353, set out as an Effective Date note under section
151 of this title.
Effective Date
Section effective Oct. 1, 1979, see section 402(c) of
Pub. L. 95–598, set out as a note preceding section
101 of Title
11, Bankruptcy.
Use of Increased Receipts
Pub. L. 109–8, title III, § 325(e), Apr. 20, 2005,
119 Stat. 99, which provided for the disposition of certain fees collected under section
1930 of this title during the 5-year period beginning on Apr. 20, 2005, greater than the amount that would have been collected had the amendment by
Pub. L. 109–8, § 325(a), not been made, was omitted in the general amendment of section 325 of
Pub. L. 109–8 by
Pub. L. 109–13, div. A, title VI, § 6058, May 11, 2005,
119 Stat. 297, effective immediately after the enactment of
Pub. L. 109–8, Apr. 20, 2005.
Accrual and Payment of Quarterly Fees in Chapter 11 Cases After Jan. 27, 1996; Confirmation Status of Plans
Section 101(a) of
Pub. L. 104–91, as amended by
Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 109(d)], Sept. 30, 1996,
110 Stat. 3009, 3009–19, provided in part: “That, notwithstanding any other provision of law, the fees under
28 U.S.C.
1930
(a)(6) shall accrue and be payable from and after January 27, 1996, in all cases (including, without limitation, any cases pending as of that date), regardless of confirmation status of their plans”.
Report on Bankruptcy Fees
Section 111(d) of
Pub. L. 103–121 provided that:
“(1) Report required.—Not later than March 31, 1998, the Judicial Conference of the United States shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a report relating to the bankruptcy fee system and the impact of such system on various participants in bankruptcy cases.
“(2) Contents of report.—Such report shall include—
“(A)(i) an estimate of the costs and benefits that would result from waiving bankruptcy fees payable by debtors who are individuals, and
“(ii) recommendations regarding various revenue sources to offset the net cost of waiving such fees; and
“(B)(i) an evaluation of the effects that would result in cases under chapters 11 and 13 of title
11, United States Code, from using a graduated bankruptcy fee system based on assets, liabilities, or both of the debtor, and
“(ii) recommendations regarding various methods to implement such a graduated bankruptcy fee system.
“(3) Waiver of fees in selected districts.—For purposes of carrying out paragraphs (1) and (2), the Judicial Conference of the United States shall carry out in not more than six judicial districts, throughout the 3-year period beginning on October 1, 1994, a program under which fees payable under section
1930 of title
28, United States Code, may be waived in cases under chapter
7 of title
11, United States Code, for debtors who are individuals unable to pay such fees in installments.
“(4) Study of graduated fee system.—For purposes of carrying out paragraphs (1) and (2), the Judicial Conference of the United States shall carry out, in not fewer than six judicial districts, a study to estimate the results that would occur in cases under chapters 11 and 13 of title
11, United States Code, if filing fees payable under section
1930 of title
28, United States Code, were paid on a graduated scale based on assets, liabilities, or both of the debtor.”
Court Fees for Electronic Access to Information
Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to information available through automatic data processing equipment and fees to be deposited in Judiciary Automation Fund, see section 303 of
Pub. L. 102–140, set out as a note under section
1913 of this title.
Issuance of Notices to Creditors and Other Interested Parties
Section 403 of
Pub. L. 101–162 provided that: “Notwithstanding any other provision of law, for fiscal year 1990 and hereafter, (a) The Administrative Office of the United States Courts, or any other agency or instrumentality of the United States, is prohibited from restricting solely to staff of the Clerks of the United States Bankruptcy Courts the issuance of notices to creditors and other interested parties. (b) The Administrative Office shall permit and encourage the preparation and mailing of such notices to be performed by or at the expense of the debtors, trustees or such other interested parties as the Court may direct and approve. (c) The Director of the Administrative Office of the United States Courts shall make appropriate provisions for the use of and accounting for any postage required pursuant to such directives.”
Collection and Disposition of Fees in Bankruptcy Cases
Section 404(a) of
Pub. L. 101–162 provided that: “For fiscal year 1990 and hereafter, such fees as shall be collected for the preparation and mailing of notices in bankruptcy cases as prescribed by the Judicial Conference of the United States pursuant to
28 U.S.C.
1930
(b) shall be deposited to the ‘Courts of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses’ appropriation to be used for salaries and other expenses incurred in providing these services.”