Sec. 401. Bankruptcy fees
435 words·~2 min read·
/bill/116/s/4991/is/section-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title 28, United States Code, is amended— in section 589a(b), by amending paragraph
(1)to read as follows: 38.50 percent of the fees collected under section 1930(a)(1); ; and in section 1930— in subsection (a)— by amending paragraph
(1)to read as follows: For a case commenced under chapter 10, $250. ; in paragraph (6)(B)— by striking During each of fiscal years 2018 through 2022, if and inserting If ; and by striking $200,000,000 and inserting $250,000,000 ; and in the undesignated matter following paragraph (7), by striking chapter 7, or 13 of title 11 and inserting chapter 7 or 10 of title 11 ; by redesignating subsections (c), (d), (e), and
(f)as subsections (d), (e), (f), and (g), respectively; by striking subsection
(b)and inserting the following: On April 1, 2022, and each April 1 thereafter, the dollar amounts in effect under paragraph (a)(6)(A) on the day before such April 1 shall be adjusted— to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and to round to the nearest $25 the dollar amount that represents the change described in paragraph (1). The Judicial Conference of the United States may prescribe additional fees in cases under title 11, other than cases under chapter 10 of that title, of the same kind as the Judicial Conference prescribes under section 1914(b) of this title. ; and in subsection (g), as so redesignated— in paragraph (1), by striking
(1)Under and all that follows and inserting the following: “(1)(A) Under the procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive all fees payable to the clerk of the court in a case under chapter 10 of title 11 for an individual if the court determines that such individual has income less than 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved and is unable to pay that fee in installments. If the court determines that such an individual has income less than 100 percent of the income official poverty line applicable to a family of the size involved, such individual shall be conclusively presumed to be unable to pay that fee in instalments. ; and in paragraph (2), by striking subsections
(b)and
(c)and inserting subsections
(c)and
(d).