Prohibition on Refunding Fees

As the electronic filings increase, so does our comfort with the system.  This increased comfort may come with a false sense of security for some filers and has caused some CM/ECF users to inadvertently file duplicate pleadings in error.  Most of these duplicate filings have been in the form of new cases or pleadings requiring a filing fee.  Therefore, these duplicate filings have a corresponding filing fee imposed on the filing party even if the case was found to be filed in error and even if the Court dismisses the case.  After substantive research, Judge Mahoney has concluded that neither the Clerk of the Bankruptcy Court nor the Bankruptcy Judges have the authority to permit refunds.  The Judicial conference explicitly prohibits refunds of any filing fees due upon filing.  Therefore, we are informing all CM/ECF users of this conclusion and have attached Judge Mahoney's memo and authority for perusal.

Prohibition on Refunding Fees Memo