Official Procedure Last Change May 20, 2013
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Bankruptcy > Motions, Applications & Briefs > Refund of Court Fees, Motion for |
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If a party has incurred a filing fee due to a mistake in filing, such as by inadvertently filing a new bankruptcy case twice or by filing a pleading that incurs a fee on the wrong case, a Motion for Refund of Court Fees must be filed in order to obtain a refund of that fee. The fee is not refunded automatically, even if the party has withdrawn the erroneous pleading or filed a Motion to Dismiss the duplicate new bankruptcy case.
Filing Requirements
The Motion must be signed by the filing party.
A Certificate of Service is not required.
A proposed order must be uploaded by the filing party at the time of filing.
If the money being refunded was paid to the court by check, money order or cash, Form AO213 must be mailed to the Indianapolis Clerk's Office but must not be docketed.
2. Select Bankruptcy > Motions, Applications & Briefs
3. Enter the case number (in the format 01-23456) and click Next
4. Select Refund of Court Fees, Motion for from the event list and click Next
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney, click Next.
7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next
NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
8. Click to highlight the filing party and click Next
Note: The "Attorney/Party Association” screen may appear. If you represent the filing party, check the box to create an association.
9. Browse to select the Motion (pdf file). Click Next
10. At the category selection screen, click Next
11. Check the box next to the pleading for which you are seeking a refund and click Next
12. Enter dollar amount of the refund you are seeking and the person to whom the refund should be paid. (Do not enter the dollar sign - just type the numbers only.)
13. If you indicated in step 5 that you are filing an Amended Motion for Refund, all pending motions on the docket are displayed. Click the box next to the Motion for Refund that you are amending.
14. Click Next
15. Enter additional text, if desired, and/or select prefix text and click Next
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.
16. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
Curing Deficiencies
If the Motion for Refund of Court Fees is deficient, an amended motion that cures the deficiencies must be filed prior to the deficiency deadline using the instructions above, or the document may be stricken.