You are here

4.10 Overpayments in CM/ECF

LBR 5081-1
28 U.S.C. § 1930

4.10.1 Definition
An overpayment is created when a party either submits money in the mail or provides it over the counter to the Clerk for payment of a bankruptcy fee in an amount which is more than the actual fee due. In this district, overpayments are governed by LBR 5081-1. Depending on the amount of the overage and the ability of the Clerk to know, with certainty, the mailing address of the payor, the overpayment (or overage) is either forfeited to the U.S. Treasury, refunded, or placed in the unclaimed funds registry.
An overpayment is considered the posting of a single transaction of a fee certain on CM/ECF. Duplicate payments are not considered overpayments pursuant to the administrative financial rules of the Court.

4.10.2 Motions for Refund
When a party has paid a fee in duplicate or has erroneously paid a fee when filing a CM/ECF dictionary event, a party desiring to have the duplicate or erroneous fee returned must file a Motion Requesting Refund of Fee pursuant to the Bankruptcy Fee Compendium (procedural fee rules issued by the Administrative Office of the U.S. Courts). In accordance with the Bankruptcy Fee Compendium, the Clerk is not permitted to automatically return a duplicate fee or an erroneous fee without a Court order.

Filing a Motion for Refund of Fees in CM/ECF:
• Go to (or use search the feature and type “refund”) > Bankruptcy Events > Motions > Other Motions/Applications > Refund of Court Fee – BK Motion.
• Enter the appropriate case number.
• Make the appropriate party selection (Attorney and Party).
• Browse and attach the motion (Filename: Choose File) along with any necessary documents.
• On the “Refer to existing event(s)?” screen you must refer to the CM/ECF docket entry associated with the duplicate or erroneous fee payment.
• On the Certificate of Service screen provide the date on which service of the motion is mailed.
• Verify docket text is correct and submit the document.

Please note: this CM/ECF dictionary event is NOT to be used when requesting that the trustee refund money in a specific case. The CM/ECF dictionary event for refund of money by a trustee is a separate event under the Motions > LBR 9013 Motions with Notice for requesting that specific relief.