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Filing Fee of a Motion for Relief from Stay Increases on December 1, 2016

Posted By USFN, Tuesday, November 29, 2016
Updated: Wednesday, November 16, 2016

November 29, 2016

by Edward J. Boll III
Lerner, Sampson & Rothfuss, LPA – USFN Member (Kentucky, Ohio)

The Judicial Conference approved inflationary adjustments to certain fees on the appellate, district, and bankruptcy court miscellaneous fee schedules, which are effective in December 2016.

The filing fee increases from $176 to $181 (effective 12/1/16) for these bankruptcy motions:

• To terminate, annul, modify or condition the automatic stay;
• To compel abandonment of property of the estate pursuant to Rule 6007(b) of the Federal Rules of Bankruptcy Procedure;
• To withdraw the reference of a case or proceeding under 28 U.S.C. § 157(d); or
• To sell property of the estate free and clear of liens under 11 U.S.C. § 363(f).

In most jurisdictions, this fee is not required in the following situations:

• For a motion for relief from the co-debtor stay; or
• For a stipulation for court approval of an agreement for relief from a stay.

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