The Judicial Conference has a long-standing policy generally prohibiting the refund of fees due upon filing. The authority to approve a refund of other fees generated in error is a judicial determination. The court has determined that the clerk can address refunds in the following manner.
Fees That Cannot Be Refunded
The Judicial Conference prohibits refunds of the fees “due upon filing.” Some examples include:
- Bankruptcy case or adversary proceeding filed over the counter in error
- Bankruptcy case or adversary proceeding opened in error in CM/ECF by an electronic filer
- Pleadings denied or stricken
- Case or proceeding dismissed
Fees That Can Be Refunded Without Motion and Order
The following fees can be refunded on the clerk’s authority with supporting documentation:
- Overpayment of Any Fee
- Collection of Fees without Authority
A. Filing of adversary proceeding by a chapter 7/13 debtor
B. Motions to Reopen (when case is not closed)
C. Pleadings entered on the docket of incorrect case
The refund can be obtained by submitting an Online Credit Card Refund Form
Fee Refunds That Require a Motion and Proposed Order
All other requests for refunds that are not listed above must be submitted for judicial determination. A motion and a proposed order must be filed.
Per the guidance provided by Administrative Office of the United States Courts, if the court discovers an erroneous filing for which a fee has not yet been collected, the court may correct the erroneous filing administratively and not collect the fee. The “collection of the fee” is defined as either deposited in the Treasury or settled with our on-line credit card processor, which normally occurs at 10 p.m. CST.