A. Filing Fees to be Paid in Advance; Exception

The clerk shall not accept for filing any original petitions for relief unless accompanied by payment of all applicable filing fees or unless allowed to do so by court order.

B. Order Permitting Filing Without Prepayment of Fee

A court order allowing the filing, without advance payment of filing fees, of a petition for relief under the Bankruptcy Code may be issued by a judge, but only if all of the following conditions are met:

(1) the petition is a voluntary petition filed by an individual or by two married individuals filing jointly;

(2) an application for leave to file without payment of filing fees and to pay the fees in installments and within the time limits provided in Fed.R.Bankr.P. 1006(b) has been filed with a judge, particularizing the reasons why the fee cannot be paid upon filing, and setting forth the number of installments, the amount of each installment, and the dates on which the installments will be paid;

(3) the attorney's disclosure of compensation required under 11 U.S.C. §329 and Fed.R.Bankr.P.2016(b) has been attached to the application and reflects that no compensation has been paid to any attorney in connection with the petition;

(4) the court order provides a schedule for payment of the requisite fee in installments; and

(5) applicable law does not forbid deferral of the fee involved.

C. Filing Fees for Documents Other Than Original Petitions

Upon receipt of filings, other than original petitions for relief, that are not accompanied by requisite filing fees, the clerk will accept, file, and docket same, but then transmit such filings to the assigned judge for consideration. In the absence of payment of required fees, or deferral of such payment by order under this section, the judge may strike a filing without notice.

Committee Note: This rule is based on this Courtís general order of 13 September 1983, modified and adapted to bankruptcy procedures, and in accord with present practices under existing general orders. Other applicable rules generally require all filings to be accepted by the clerk, even if fees are not tendered, but under Fed.R.Bankr.P.1006, the clerk may not accept original bankruptcy petitions when unaccompanied either by the fee or a court order deferring the fee. This rule sets forth procedures and requirements applicable thereto. Compare to local General Rule 11 as amended 4 January 1993, wherein no distinction need be made between different types of filings. Rule 501 provides a special procedure for rustees in estates without assets.