Chapter 11 Quarterly Fees

Debtors in chapter 11 cases must pay a quarterly fee to the United States Trustee Program for each calendar quarter, or portion thereof, between the date of filing the petition and the date the court enters a final decree closing the case, dismisses the case, or converts the case to another chapter in bankruptcy. The quarterly fee is calculated by totaling the debtor’s disbursements as reported on the Monthly Operating Reports for the three-month calendar quarter, or portion thereof, according to the following chart. The quarterly fee amount will be estimated if disbursements for all of the months of a calendar quarter that the case is open have not been reported to the United States Trustee. The estimated fee is based on: a) reported disbursement history, b) initial financial data submitted when the case was filed, or c) an estimation done by the United States Trustee office. If you calculate the fee to be less than the estimated quarterly fee on the statement, you must submit actual disbursement reports supporting your calculation to the bankruptcy court and the United States Trustee Office. A minimum fee of $325.00 is due even if there are no disbursements during a calendar quarter. There is no proration of the fee.

The fee schedule below applies for the calendar quarters beginning January 1, 2008 through December 31, 2017.

TOTAL QUARTERLY DISBURSEMENTS QUARTERLY FEE
$0 to $14,999.99 $325.00
$15,000 to $74,999.99 $650.00
$75,000 to $149,999.99 $975.00
$150,000 to $224,999.99 $1,625.00
$225,000 to $299,999.99 $1,950.00
$300,000 to $999,999.99 $4,875.00
$1,000,000 to $1,999,999.99 $6,500.00
$2,000,000 to $2,999,999.99 $9,750.00
$3,000,000 to $4,999,999.99 $10,400.00
$5,000,000 to $14,999,999.99 $13,000.00
$15,000,000 to $29,999,999.99 $20,000.00
$30,000,000 or more $30,000.00

In accordance with the Bankruptcy Judgeship Act of 2017, Pub. L. No. 115-72, the following amended chapter 11 quarterly fee schedule will apply for the calendar quarters beginning January 1, 2018 through September 30, 2018.

TOTAL QUARTERLY DISBURSEMENTS QUARTERLY FEE
$0 to $14,999.99 $325.00
$15,000 to $74,999.99 $650.00
$75,000 to $149,999.99 $975.00
$150,000 to $224,999.99 $1,625.00
$225,000 to $299,999.99 $1,950.00
$300,000 to $999,999.99 $4,875.00
$1,000,000 or more 1% of quarterly disbursements or $250,000, whichever is less

Quarterly fees are due no later than one month following the end of each calendar quarter. Failure to pay quarterly fees may result in the conversion or dismissal of the case. Payment of that quarter’s fees and any past due fees and interest, if applicable, must be made before the effective date of a confirmed plan of reorganization and quarterly fees will continue to accrue until entry of the final decree, or until the case is converted or dismissed. Failure to pay these fees may result in a motion by the United States Trustee to convert the case to a chapter 7 case.

The debtor will receive a bill or statement from the Executive Office for United States Trustees, Washington, D.C., for each calendar quarter, prior to the payment due date. A check for the quarterly fee, made payable to “United States Trustee”, should be mailed with the tear-off portion of the statement form to: United States Trustee Payment Center, P.O. Box 530202 Atlanta, GA 30353-0202.

The address shown above is a lockbox at a bank. It may NOT be used for service of process, correspondence or any purpose other than payment of quarterly fees. Any other correspondence or documents sent to the lockbox other than the payment form will be destroyed.

The debtor is responsible for timely payment of the quarterly fee. Failure to receive a bill from the Executive Office for United States Trustees does not excuse the debtor from timely payment. Failure to pay the quarterly fee is cause for conversion or dismissal of the chapter 11 case pursuant to 11 U.S.C. § 1112(b)(4)(K) (for cases filed on or after October 17, 2005) or 11 U.S.C. § 1112(b)(10) (for cases filed before October 17, 2005).

Updated December 12, 2017

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