LBR 1006-1 is repealed and a new LBR 1006-1 has been

promulgated, which consolidates selected provisions of LBRs 1006-1, 1006-2 and 1006-3 into that LBR. [Repeal effective 12/01/09.] RULE 1006-1 FEES: INSTALLMENT PAYMENTS, NONPAYMENT, WAIVER, REFUNDS (A) Installment Payments: Any individual debtor desiring to pay the filing fee in installments must file Official Form 103A with the Clerk. The application form is available from the Clerk on the Court’s web site. No response period is required for the application, and the applicant does not need to file a notice of motion with the application. The Court shall give notice of the dismissal provisions, as set forth in the order, to the debtor and debtor’s counsel.

(B) Waiver: Any individual debtor that files a voluntary chapter 7 petition may request a waiver of the filing fee by filing an application with the Clerk using Official Form 103, “Application to Have the Chapter 7 Filing Fee Waived.” The form is available on the Court’s web site. No 2 RULE 1006-1 FEES: INSTALLMENT PAYMENTS, NONPAYMENT, WAIVER, REFUNDS response period is required for the application, and the applicant does not need to file a notice of motion with the application. (C)(1) Nonpayment: If a petition, complaint or other document is not accompanied by the proper filing fee or, if applicable, an application as set forth in paragraph (A) or (B) of this Lo- cal Bankruptcy Rule, the Clerk shall give notice to cure the filing fee deficiency by the close of business on the next day after the notice to cure is given. The Clerk may provide such notice by mail or by e-mail if the Debtor has elected to receive notices through the Court’s Debtor Electronic Bankruptcy Noticing system.

The notice period shall commence for mailed notices 3 days after the notice is mailed and for e-mailed notice when the notice is e- mailed. The Clerk shall reject any partial payment of any fee. (a) Petition. The Clerk’s notice shall provide that the debtor either must (i) timely cure the filing fee deficiency or (ii) attend a hearing to explain why the petition should not be dismissed, unless excused by the Court or the Court deems the filing fee deficiency cured and cancels the hearing.

(b) Complaint or Other Document. Unless the fee is paid or the party requests a hear- ing on the matter by the close of business on the next day after the notice to cure is given, the Clerk shall dismiss the complaint or strike the pleading or other document without further notice. (c) Installment Payment. If a debtor fails to pay timely any filing fee installment pay- ment pursuant to an Order on Debtor’s Application to Have the Chapter 7 Filing Fee Waived or Order Approving Payment of Filing Fee in Installments, the Clerk shall issue a notice providing that the debtor either must (i) cure the filing fee installment payment deficiency by the close of business on the next day after the notice to cure is given or (ii) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the filing fee installment payment deficiency cured and cancels the hearing.

(2) Title 28 United States Code § 1930 and FRBP 1006 require fees to be paid at the time of filing. Except as provided for in paragraphs (A) and (B) of this Local Bankruptcy Rule, if a registered ECF User chooses to accumulate filing fees throughout a given cal- endar day, all of these fees must be paid by the end of the calendar day (i.e., 11:59:59 p.m. Eastern Time) in which the filings occur. A registered ECF User will be locked out of the Case Management/Electronic Case Files (CM/ECF) System and prevented from filing additional documents if filing fees are not paid by the end of the calendar day. The registered ECF User will receive a daily e-mail reminder until all outstanding fees are paid in full.

Once locked out of the CM/ECF System, the registered ECF User will have limited access only for the purpose of making payments. Full access rights will be re- stored in the CM/ECF System after all outstanding fees have been paid in full. This para- graph supersedes the notice and dismissal provisions set forth in paragraph (C)(1) of this Local Bankruptcy Rule for electronically filed documents. (D)(1) Request for Refunds: An attorney or trustee may file a motion for refund of a filing fee paid in a case or proceeding in which payment was made by credit card when: a fee was paid for filing a duplicate document, bankruptcy petition or a. adversary proceeding; 3 RULE 1006-1 FEES: INSTALLMENT PAYMENTS, NONPAYMENT, WAIVER, REFUNDS b. c. a fee was paid for filing a document in the wrong case or proceeding; the movant is entitled to an exemption from the filing fee paid; or a trustee or debtor in possession is eligible for deferral of the filing fee in d. a case in which no funds from the estate exist for payment of the filing fee.

(2) Motion Required: The request shall be made promptly after the payment error is discovered by filing a motion for refund. The motion must contain a complete explanation as to why the payment should be refunded. The motion need not contain a supporting memorandum or be noticed for a hearing. (3) Motion Required for Disposition of Document: A separate motion to dispose of a document filed in error, as identified in subparagraphs (D)(1)(a) and (b) of this Local Bankruptcy Rule, is also required.

(4) Clerk-Authorized Action: Upon verification of the grounds set forth in the motion the Clerk is authorized to enter an order dismissing or striking the document. The Clerk is also au- thorized to enter a separate order refunding the filing fee if the refund can be processed as a credit to the credit card account that was used to pay the filing fee. (5) Clerk’s Referral to the Court: The Clerk may refer a motion set forth in paragraph (D)(2) of this Local Bankruptcy Rule to the judge assigned to the case or proceeding for such further determination and action as the judge may find appropriate. (6) Request for Clearance: A movant may request clearance of the "filing fee due" status in a case or proceeding in which the fee has not yet been paid by contacting a deputy clerk in the appropriate division of the Clerk's Office.

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