28 USC 1930 - Bankruptcy fees

Editorial Notes

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 Puspan. L. 97–35, which is classified to section 9902(2) of Title 42, The Public Health and Welfare.

Codification

Amendment by Puspan. L. 104–91 is based on section 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 Puspan. L. 104–91.

Puspan. L. 99–591 is a corrected version of Puspan. L. 99–500.

Amendments

2021—Subsec. (a)(6)(B). Puspan. L. 116–325, § 3(d)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “During each of fiscal years 2018 through 2022, if the balance in the United States Trustee System Fund as of September 30 of the most recent full fiscal year is less than $200,000,000, the quarterly fee payable for a quarter in which disbursements equal or exceed $1,000,000 shall be the lesser of 1 percent of such disbursements or $250,000.”

Subsec. (a)(7). Puspan. L. 116–325, § 3(d)(2), in first sentence, substituted “shall” for “may”.

2019—Subsec. (a)(6)(A). Puspan. L. 116–54 inserted “, other than under subchapter V,” after “chapter 11 of title 11”.

2017—Subsec. (a)(6). Puspan. L. 115–72 designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), in addition” for “In addition”, and added subpar. (B).

2012—Subsec. (a)(3). Puspan. L. 112–121 substituted “$1,167” for “$1,000”.

2007—Subsec. (a)(6). Puspan. 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). Puspan. L. 109–171, § 10101(a)(1), substituted “$245” for “$220” in subpar. (A) and “$235” for “$150” in subpar. (B).

Subsec. (a)(2). Puspan. 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). Puspan. L. 109–8, § 418(1), substituted “The parties” for “Notwithstanding section 1915 of this title, the parties” in introductory provisions.

Subsec. (a)(1). Puspan. L. 109–8, § 325(a)(1), as amended by Puspan. 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). Puspan. L. 109–8, § 325(a)(2), as amended by Puspan. L. 109–13, substituted “$1,000” for “$800”.

Subsec. (f). Puspan. L. 109–8, § 418(2), added subsec. (f).

2000—Subsec. (a). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 106–113 substituted “$155” for “$130”.

1996—Subsec. (a)(3). Puspan. L. 104–208 inserted a dollar sign before “800”.

Subsec. (a)(6). Puspan. 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.”

Puspan. L. 104–91, as amended by Puspan. L. 104–99, struck out “a plan is confirmed or” before “the case is converted”.

1993—Subsec. (a)(1). Puspan. L. 103–121, § 111(a)(1), substituted “$130” for “$120”.

Subsec. (a)(3). Puspan. L. 103–121, § 111(span)(1), substituted “800” for “$600”.

1991—Subsec. (a)(3). Puspan. L. 102–140, § 111(a)(1), substituted “$600” for “$500”.

Subsec. (a)(6). Puspan. 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). Puspan. L. 101–162 substituted “$120” for “$90”.

1986—Subsec. (a). Puspan. 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(span) 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). Puspan. L. 99–500 and Puspan. L. 99–591, Puspan. L. 99–554, § 117(1), amended par. (1) identically substituting “$90” for “$60”.

Subsec. (a)(3). Puspan. L. 99–554, § 117(2), substituted “$500” for “$200”.

Subsec. (a)(4). Puspan. L. 99–554, § 117(3), substituted “$1,000” for “$500”.

Subsec. (a)(5), (6). Puspan. L. 99–554, § 117(4), added pars. (5) and (6).

1984—Puspan. L. 98–353, § 111(span), substituted “fees” for “courts” in section catchline.

Subsecs. (a), (c), (e). Puspan. L. 98–353, § 111(a), substituted “clerk of the court” for “clerk of the bankruptcy court”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Puspan. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Puspan. L. 116–54, set out as a note under section 101 of Title 11, Bankruptcy.

Effective Date of 2017 Amendment

Puspan. L. 115–72, div. B, § 1004(c), Oct. 26, 2017, 131 Stat. 1232, provided that: “The amendments made by this section [amending this section and enacting provisions set out as a note under section 589a of this title] shall apply to quarterly fees payable under section 1930(a)(6) of title 28, United States Code, as amended by this section, for disbursements made in any calendar quarter that begins on or after the date of enactment of this Act [Oct. 26, 2017].”

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–121 effective 180 days after May 25, 2012, see section 3(e) of Puspan. L. 112–121, set out as a note under section 589a of this title.

Effective Date of 2007 Amendment

Puspan. L. 110–161, div. B, title II, § 213(span), 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

Puspan. L. 109–171, title X, § 10101(c), Fespan. 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 [Fespan. 8, 2006].”

Effective Date of 2005 Amendments

Amendment by Puspan. L. 109–13 effective immediately after the enactment of Puspan. L. 109–8, Apr. 20, 2005, see section 6058(span) of Puspan. L. 109–13, set out as a note under section 589a of this title.

Amendment by Puspan. 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 Puspan. L. 109–8, set out as a note under section 101 of Title 11.

Effective Date of 1999 Amendment

Puspan. 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

Puspan. L. 103–121, title I, § 111(a), Oct. 27, 1993, 107 Stat. 1164, provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.

Puspan. L. 103–121, title I, § 111(span), Oct. 27, 1993, 107 Stat. 1164, provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.

Effective Date of 1991 Amendment

Puspan. L. 102–140, title I, § 111, Oct. 28, 1991, 105 Stat. 795, provided that the amendment made by that section is effective 60 days after Oct. 28, 1991.

Effective Date of 1989 Amendment; Miscellaneous Fees

Puspan. L. 101–162, title IV, § 406(a), Nov. 21, 1989, 103 Stat. 1016, 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(span) 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(span) 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 Puspan. 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 Puspan. L. 99–554 dependent upon the judicial district involved, see section 302(a), (d), (e) of Puspan. L. 99–554, set out as a note under section 581 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–353 effective July 10, 1984, see section 122(a) of Puspan. 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 Puspan. L. 95–598, set out as a note preceding section 101 of Title 11, Bankruptcy.

Findings and Purpose

Puspan. L. 116–325, § 2, Jan. 12, 2021, 134 Stat. 5086, provided that:

“(a)Findings.—Congress finds the following:

“(1) Because of the importance of the goal that the bankruptcy system is self-funded, at no cost to the taxpayer, Congress has closely monitored the funding needs of the bankruptcy system, including by requiring periodic reporting by the Attorney General regarding the United States Trustee System Fund.

“(2) Congress has amended the various bankruptcy fees as necessary to ensure that the bankruptcy system remains self-supporting, while also fairly allocating the costs of the system among those who use the system.

“(3) Because the bankruptcy system is interconnected, the result has been a system of fees, including filing fees, quarterly fees in chapter 11 [11 U.S.C. 1101 et seq.] cases, and other fees, that together fund the courts, judges, United States trustees, and chapter 7 [11 U.S.C. 701 et seq.] case trustees necessary for the bankruptcy system to function.

“(4) This Act [see Short Title of 2021 Amendment note set out under section 1 of this title] and the amendments made by this Act—

“(A) ensure adequate funding of the United States trustees, supports the preservation of existing bankruptcy judgeships that are urgently needed to handle existing and anticipated increases in business and consumer caseloads, and provides long-overdue additional compensation for chapter 7 case trustees whose caseloads include chapter 11 reorganization cases that were converted to chapter 7 liquidation cases; and

“(B) confirm the longstanding intention of Congress that quarterly fee requirements remain consistent across all Federal judicial districts.

“(span)Purpose.—The purpose of this Act and the amendments made by this Act is to further the long-standing goal of Congress of ensuring that the bankruptcy system is self-funded, at no cost to the taxpayer.”

Application of Former Subsection (a)(6)(B) to Quarterly Fees in Certain Fiscal Years

Puspan. L. 116–93, div. B, title II, § 219, Dec. 20, 2019, 133 Stat. 2415, provided that, for fiscal years 2020 and 2021, subsection (a)(6)(B) of this section would be applied by substituting $300,000,000 for $200,000,000. For text of subsec. (a)(6)(B) prior to amendment by Puspan. L. 116–325, see 2021 Amendment note above. Similar provisions applicable for fiscal years 2021 and 2022 were contained in Puspan. L. 116–260, div. B, title II, § 218, Dec. 27, 2020, 134 Stat. 1265.

Use of Increased Receipts

Puspan. 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 Puspan. L. 109–8, § 325(a), not been made, was omitted in the general amendment of section 325 of Puspan. L. 109–8 by Puspan. L. 109–13, div. A, title VI, § 6058, May 11, 2005, 119 Stat. 297, effective immediately after the enactment of Puspan. L. 109–8, Apr. 20, 2005.

Accrual and Payment of Quarterly Fees in Chapter 11 Cases After Jan. 27, 1996; Confirmation Status of Plans

Puspan. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 10, as amended by Puspan. 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

Puspan. L. 103–121, title I, § 111(d), Oct. 27, 1993, 107 Stat. 1165, provided that not later than Mar. 31, 1998, the Judicial Conference of the United States would submit to Congress a report, with specified contents, waiver of fees in selected districts, and study of graduated fee systems, relating to the bankruptcy fee system and the impact of such system on various participants in bankruptcy cases.

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 Puspan. L. 102–140, set out as a note under section 1913 of this title.

Issuance of Notices to Creditors and Other Interested Parties

Puspan. L. 101–162, title IV, § 403, Nov. 21, 1989, 103 Stat. 1013, 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. (span) 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

Puspan. L. 101–162, title IV, § 404(a), Nov. 21, 1989, 103 Stat. 1013, 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(span) 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.”