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Motion for Refund of Court Fees

Official Procedure Last Change January 30, 2020

Motion for Refund of Court Fees

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Refund of Court Fees, Motion for

Things to be aware of when filing: Specific information must be included in the Motion. See the Filing Requirements section below for more information.

General Information

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 The fee is not refunded automatically, even if the party has withdrawn the erroneous pleading or filed a Motion to Dismiss the duplicate new bankruptcy case.

If a fee was paid using pay.gov and the Clerk determines the fee was not owed or was paid more than once, then the Clerk's Office may issue the refund without a court order. If that occurs, the court will enter an order that the motion has been rendered moot by the Clerk's actions. 

Filing Requirements

  • The Motion must be signed by the filing party.
  • The Motion must include the following:
    • Name of the party requesting the refund;
    • Date and receipt number of the payment, and the amount of the overpayment;
    • If payment was originally made over the counter by check, money order, debit card or in cash, the mailing address of the payee requesting the refund.
  • A Certificate of Service is not required.
  • It is not necessary to upload a proposed order - the court will prepare one.
  • If the money being refunded was paid to the court by check, money order, debit card or in cash, Form AO 213P must be mailed to the Indianapolis Clerk's Office but must not be docketed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs. For limited users, select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) 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. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (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. Select prefix text, if applicable, 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 final docket text. If correct, click Next to submit.

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.