Heintschel et al v. Smith

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
In Re: Michael D. Smith,
Debtor(s).
Ronald Heintschel and Karen Heintschel,
Plaintiff(s),
v.
Michael D. Smith,
Defendant(s).
) 	Case No.: 12-34213
)
) 	Chapter 7
)
) 	Adv. Pro. No. 12-3210
)
) 	Hon. Mary Ann Whipple
)
)
)
)
)
)
)
ORDER TO PAY COMPLAINT FILING FEE
Plaintiffs filed a document with the Clerk on December 20, 2012, at 11:39 a.m. [Doc. #1]. They are
representing themselves.
The first sentence of the document that Plaintiffs filed states that “[w]e are writing this letter to
challenge Michael D. Smith’s discharge of his indebtedness to us.” Under Rule 7001(6) of the Federal Rules
of Bankruptcy Procedure, “a proceeding to determine dischargeability of a debt” is an adversary proceeding
governed by 	Part VII of the Federal Rules of Bankruptcy Procedure. 	In turn Rule 7003, titled
the record of the United States Bankruptcy Court for the Northern District of Ohio.
of this court the document set forth below. This document has been entered electronically in
The court incorporates by reference in this paragraph and adopts as the findings and orders
Dated: December 26 2012
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Commencement of Adversary Proceeding, ” incorporates Rule 3 of the Federal Rules of Civil Procedure,
which states that “A civil action is commenced by filing a complaint with the court.” And finally, Rule
4007(a) of the Federal Rules of Bankruptcy Procedure provides that “[a] debtor or any creditor may file a
complaint to obtain a determination of the dischargeability of any debt.” Fed. R. Bankr. P. 4007(a). Based
on these rules, the Clerk properly treated Plaintiffs’ document as a complaint and opened an adversary
proceeding. The Clerk has thus also issued to Plaintiffs a summons with which to serve their complaint on
Defendant, who is the Debtor in the underlying Chapter 7 case. [Doc. # 2].
The filing of an adversary proceeding complaint requires the payment of a filing fee. Bankruptcy
fees are governed by federal statute. 28 U.S.C. § 1930. In addition to fees for filing bankruptcy cases, the
statute provides that “[t]he Judicial Conference of the United States may prescribe additional fees in cases
under title 11 of the same kind as the Judicial Conference prescribes under section 1914(b).” 28 U.S.C. §
1930(b). The Judicial Conference Schedule Of Additional Fees for Bankruptcy Courts (Bankruptcy Court
Miscellaneous Fee Schedule) (“Fee Schedule”), available on the court’s web site under the tab Fees, is
authorized by § 1930(b). The Fee Schedule prescribes fees for, among other actions, filing an adversary
proceeding complaint. The current fee as set forth on the Fee Schedule for filing an adversary proceeding
complaint is $293. Thus, the fee due upon the filing of Plaintiffs’ complaint is $293. None of the exceptions
to the payment of that $293 filing fee apply to Plaintiffs’ complaint.
Plaintiffs did not have with them and have not paid the $293 filing fee due to the court upon the
filing of their complaint. The court hereby orders them to pay the $293 filing fee as set forth below. If they
do not do so, the court will dismiss their complaint. See 11 U.S.C. § 105(a); Fed. R. Bankr. P. 7041; Fed.
R. Civ. P. 41(b); cf. Local Bankruptcy Rule 1002-1. The court further notes that even if Plaintiffs’ adversary
proceeding complaint is dismissed, they will still owe the $293 filing fee to the court. As provided in the
Bankruptcy Fee Compendium III setting forth Judicial Conference policies and guidelines regarding fees,
a document that is also available on the court’s website under the tab Fees, “[t]he clerk must collect the fee
when the plaintiff files the complaint.” Bankruptcy Fee Compendium III, April 2012 Edition (April 1, 2012),
Part G.1, at p.53. Moreover, Plaintiffs’ failure to pay the $293 filing fee in accordance with and to obey this
court order may also be treated at the court’s option as a contempt of this court.
IT IS THEREFORE ORDERED that Plaintiffs Ronald Heintschel and Karen Heintschel must pay
the Clerk a total filing fee of $293 for their complaint against Defendant/Debtor Michael D. Smith; and
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IT IS FURTHER ORDERED that Plaintiffs must pay the Clerk the $293 filing fee on or before
January 15, 2013 at 4:00 o’clock p.m. ; and
IT IS FINALLY ORDERED that the court will dismiss Plaintiffs’ complaint and this adversary
proceeding without further notice and opportunity for hearing if they do not pay the $293 filing fee as
required by this court order, and may further at the court’s option treat non-compliance with this court order
as a contempt of this court. The $293 filing fee will remain a debt due and owing to this court even if this
adversary proceeding is dismissed for non-payment.
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