Central District Consumer Bankruptcy Attorney's Association

The cite is 28 USC 1930, Appendix, subpart 6. I found this through the Rutter Bankruptcy Guide 20:99 where it mentions "A trustee or DIP who commences an adversary proceeding has to pay the filing fee 'only from the estate and to the extent there is any estate realized.'"
Your guidance to the cite pretty much answers it as the debtor as plaintiff is excepted from payment of the filing fee. I wonder in what case the debtor and DIP would not be the same?
Thank you,
Link Schrader, Attorney
Law Office of Link W. Schrader

The post was migrated from Yahoo.

Link:
Can you give a cite to where you read that a dip has to pay and adversary
fee.
d
On Fri, Dec 28, 2012 at 5:16 PM, Link W. Schrader wrote:
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> When Ive filed adversary proceedings in Chapter 7 cases, the debtor did
> not pay a filing fee. I read that a debtor-in-possession must pay the
> adversary filing fee, currently $293.00. A Chapter 13 debtor seems to
> inhabit a position between chapter 7 and chapter 11 debtor a trustee
> assigned, but still in possession.****
>
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> Question: Will a Chapter 13 debtor be required to pay the adversary filing
> fee? It is an adversary that includes allegations of stay violations so
> that the defendant might have to pay costs. Could the court attempt to
> recover the adversary filing fee from the defendant?****
>
> ** **
>
> *Link Schrader, Attorney*
>
> Law Office of Link W. Schrader****
>
> ** **
>
>
>
Link:Can you give a cite to where you read that a dip has to pay and adversary fee.d<lschrader@schrader-law.com> wrote:
When Ive filed adversary proceedings in Chapter 7 cases, the debtor did not pay a filing fee. I read that a debtor-in-possession must pay the adversary filing fee, currently $293.00. A Chapter 13 debtor seems to inhabit a position between chapter 7 and chapter 11 debtor a trustee assigned, but still in possession.
Question: Will a Chapter 13 debtor be required to pay the adversary filing fee? It is an adversary that includes allegations of stay violations so that the defendant might have to pay costs. Could the court attempt to recover the adversary filing fee from the defendant?
Link Schrader, AttorneyLaw Office of Link W. Schrader

The post was migrated from Yahoo.

When I've filed adversary proceedings in Chapter 7 cases, the debtor did not pay a filing fee. I read that a "debtor-in-possession" must pay the adversary filing fee, currently $293.00. A Chapter 13 debtor seems to inhabit a position between chapter 7 and chapter 11 debtor - a trustee assigned, but still in possession.
Question: Will a Chapter 13 debtor be required to pay the adversary filing fee? It is an adversary that includes allegations of stay violations so that the defendant might have to pay costs. Could the court attempt to recover the adversary filing fee from the defendant?
Link Schrader, Attorney
Law Office of Link W. Schrader

The post was migrated from Yahoo.