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Fees for Adversary Proceedings and Motions to Lift Stay, etc.

Thursday, December 23, 2004

Fees for Adversary Proceedings and Motions to Lift Stay, etc. (Items 6 and 20 of the Miscellaneous Fee Schedule for Bankruptcy Courts These 2 fees are linked to the civil action filing fee under 28 U.S.C. Section 1914(a) for District Courts, which, by action of the Judicial Conference at its September 2004 session, was increased from $150 to $250. The Judicial Conference determined to defer the increase as it would apply to Item 6, Adversary Proceedings, thus the fee for filing an adversary proceeding will remain at $150 for the time being. The Judicial Conference also amended Item 20, Motion to Lift Stay, etc., to delete the language linking the fee to the amount required for filing a civil action under Section 1914(a), thus the fee for filing any motion under Item 20 remains at $150.