- 28 U.S.C.
In re Hale
Sep
13
2010
Ruling
Acquisition of secured claims by debtor-in-possession financer did not amount to a disbursement that would trigger a quarterly fee.
Procedural posture
Before the court was a contested matter (the "Motion") filed by the U.S. Trustee (UST) to compel the payment of quarterly fees by the Chapter 11 debtor. It was brought in conjunction with debtor's motion to confirm a Chapter 11 plan.
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Court
:
- 28 U.S.C.
In re Graves
Apr
29
2010
Ruling
Debtor who was above poverty line denied permission to proceed with appeal of order for relief from stay in forma pauperis.
Procedural posture
The debtor filed a motion to proceed on appeal in forma pauperis with respect to the court's order in which it granted a creditor relief from the automatic stay.
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Court
:
- 28 U.S.C.
In re Ladd
Aug
26
2009
Ruling
Fee for unnecessary filing of second motion to reopen bankruptcy case could not be refunded.
Procedural posture
Before the court was debtor's counsel's motion to refund the filing fee paid for a second motion to reopen this case.
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Court
:
- 28 U.S.C.
In re Kentucky Processing Co.
Jun
30
2009
Ruling
No quarterly fees were owed for periods in which no distribution was made by debtor.
Procedural posture
The debtor filed for relief under chapter 11 of the Bankruptcy Code. The United States trustee contended that the debtors owed fees to the trustee calculated pursuant to 28 U.S.C.S. § 1930(a)(6).
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Court
:
- 28 U.S.C.
Allen v. Stewart (In re Allen)
Apr
28
2009
Ruling
Waiver of filing fee and request by debtor to proceed In Forma Pauperis denied.
Procedural posture
Plaintiff debtors commenced an adversary proceeding against defendants, several banks, a title company, and others. In conjunction with their second appeal, debtors filed another Motion for Leave to Proceed In Forma Pauperis. They also filed another Request for Transcripts, asking that they be relieved from paying the costs for preparation thereof.
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Court
:
- 28 U.S.C.
In re Van Luvender
Oct
22
2008
Ruling
Trustee's motion to vacate order for waiver of chapter 7 filing fee where requiring debtor to borrow against minimal equity in vehicle would be inequitable.
Procedural posture
After the court entered an order granting a debtor's application for a waiver of the chapter 7 filing fee under 28 U.S.C.S. § 1930(f)(1), the trustee sought to vacate that order.
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Court
:
- 28 U.S.C.
In re Haven Eldercare LLC
Oct
17
2008
Ruling
Debtor-in-possession enders were not liable for quarterly chapter 11 fees where not provided for in financing order.
Procedural posture
The trustee filed a motion to compel the payment by chapter 11 debtors and certain of the debtors'lenders of quarterly fees pursuant to 28 U.S.C.S. § 1930(a)(6).
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Court
:
- 28 U.S.C.
In re Lee
Sep
12
2008
Ruling
Debtor with income above 150 percent of poverty line not entitled to waiver of filing fee but allowed to make payments in installments.
Procedural posture
A debtor filed an application for a waiver of the chapter 7 filing fee pursuant to 28 U.S.C.S. § 1930(f)(1).
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:
In re Hookey
Mar
20
2008
Ruling
Debtor whose sole income from social security income was below 150% of poverty line granted waiver of filing fee.
Procedural posture
A debtor filed an application to proceed in forma pauperis and waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).
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:
In re Nero
Mar
19
2008
Ruling
Waiver of filing fee granted to debtor with income at less than 150% of poverty level.
Procedural posture
The debtors filed an application to proceed in forma pauperis and waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).
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Court
: