NOTICE: New Claims Transfer Fee
NOTICE: NEW CLAIMS TRANSFER FEE EFFECTIVE MAY 1, 2013
Effective May 1, 2013, all bankruptcy courts nation-wide will charge a new fee of $25 for each transfer of claim filed. The Judicial Conference of the United States approved this fee at its September 2012 session.
Bankruptcy Rule 3001(e) requires the clerk of court to notice a transferred claim, and provides additional notice and hearing requirements if an objection to a claim transfer is made. In considering this fee, the Judicial Conference recognized the impact a claim transfer has on the workload, court time and resources of the bankruptcy courts.
At the time of filing, the fee is assessed upon and is obligated to be paid by the person or entity filing a claim transfer, irrespective of whether the filing is made by or on behalf of the claim transferee or transferor. The fee applies to all claim transfers, whether asserting a full or partial transfer of a claim. Additionally, any filed document that purports to transfer ownership of a claim (such as for example, an amendment to a claim), will be assessed the fee. In the event multiple claim transfers are filed at one time (such as for example, by claims upload or batch filing), the $25 fee will be charged for each individual claim transfer.
When a claim transfer is filed electronically in CM/ECF, the fee must be paid by credit card using Pay.gov. An entity that electronically handles claim transfers must ensure that the individual filing a claim transfer is authorized to pay the fee by credit card. Failure to pay the fee will result in the filer's CM/ECF account being locked out and unavailable to file any documents until all fees owed are paid in full.
If a claim transfer is not filed electronically, payment must be made by 1) a check from a non-debtor drawn on a business account, 2) a money order or 3) a cashier's check, made payable to "Clerk, U.S. Bankruptcy Court." Personal checks are not accepted. Additionally, if filed with the Clerk at a divisional office intake counter, payment by a credit card from a non-debtor, or in cash, is also acceptable. Do not send cash or credit card information through the mail.
Persons and entities that transfer claims should be aware that when implementing this fee the Court may review CM/ECF user access, accounts and activity, and may reduce or limit the number of accounts authorized for use by a person or entity.
For questions regarding this fee, please contact the Helpdesk at (415) 268-2350.