Pursuant to the Guide to Judiciary Policy (vol. 4, ch. 6), filing fees may not be refunded if the filing was in error or if the case has been dismissed. The following filing fees may not be refunded if it later appears that the filing of the document incurring the fee was in error:
- Bankruptcy Petition Filing Fee
- Motion/Notice of Conversion Filing Fee
- Motion to Reopen Filing Fee
- Adversary Complaint or Notice of Removal Filing Fee
- Notice of Appeal Filing Fee
- Motion for Relief from Stay or to Modify Stay Filing Fee
- Motion to Compel Abandonment Filing Fee
- The fee for filing any paper where there is not a pending case, to include registering a judgment from another district
- Fee for terminating a jointly administered case
The following are examples that may be refunded:
- A refund can be made when a filing fee is accepted by the Clerk's Office on a case where there is no requirement for a filing fee. An example might be payment of a fee to file an adversary proceeding on a case that has been closed.
- A refund can be made when an overpayment is received for any of the required statutory filing fees. The Court is only entitled to the prescribed amount.
Motions for Refund
Motions for refund must be filed with the Court, either electronically or on paper. If the payment as to which a refund is sought was made by cash, check, money order, or by credit card at the counter, then the motion must be accompanied by a completed Form AO213. (This form is not required if the payment was made by credit card through CM/ECF.) Upon receipt of the motion, the order will be routed to the appropriate Judge. If the refund is approved by the Judge, a check will be mailed to the requestor. If the fee was paid by credit card, a credit will be issued to the credit card account.