2010-13: Change in fee policy for post-petition filing initial list of creditors

Fed. R. Bankr. P. 1007(a)(1) requires a mailing list of creditors to be filed with new bankruptcy petitions. In the past, when CM-ECF electronic filers have omitted filing the list of creditors during the electronic filing process, the Clerk’s Office has sent a notice of error that directed the filer to file the list via CM-ECF using the "Amended Mailing List," ($26.00 fee due) menu option. The Clerk has reviewed bankruptcy fee schedule requirements and has determined that charging the $26.00 fee in this instance is a misinterpretation of the fee schedule, since the creditor list being filed is the first mailing list received for the debtor, not an amendment. CMECF menus and notice of error language have been altered to allow filers to file the initial list of creditors after the petition is filed without having to pay the fee. Filers will still be required to pay the $26.00 fee for post-petition amendments to the initial creditor mailing list. Filers are reminded that deleting a creditor from the initial list or making changes to the amount or classification of a debt are considered to be amendments and the $26.00 fee is required for these changes.

Electronic filers should be aware that this change in fee policy does not alter the requirements of Fed. R. Bankr. P. 1007(a)(1). The expectation is that debtors, whether represented by an attorney or not, WILL file the creditor mailing list with the petition. Attorneys who fail to meet the requirement will still receive a notice of error and there is the potential that the case will be dismissed if the requirement is not met.