Tuesday, August 26, 2014

Bankuptcy Court Refunds Duplicate Fees

The US Bankruptcy Court for the District of Massachusetts recently issued Standing Order 2014-02: Refund Policy for Duplicate Electronic Filing Fees.

The order says, in part, "The Judicial Conference of the United States, which has had a longstanding policy of not refunding filing fees (JCUS-MAR 49, p.202), recently issued guidance endorsing limited refund authority by the courts as a result of the increased likelihood of inadvertent erroneous or duplicate payments made by filing parties using Case Management/Electronic Case Files (CM/ECF)."

The "Clerk of Court, or his/her designee, shall be authorized to refund a fee erroneously paid:

"(1) If discovered by the Court or the clerk’s office that a fee has been erroneously paid; or

"(2) if an attorney files a request for a fee refund and it can be determined by the Clerk of Court, or his/her designee, that the fee has been erroneously paid.

"Upon verification of the error, the refund shall be processed back to the same credit card from which the duplicate payment was made and be entered on the docket for recording purposes."