CACB — Clerk's Office Electronic Systems Refund Policy

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/05-01.pdf

Sparse pages use OCR; original PDF remains authoritative.

i} Co Oe ND HN FR WD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA CLERK’S OFFICE ELECTRONIC SYSTEMS REFUND POLICY GENERAL ORDER 05-01 ae Na Nee WHEREAS the Judicial Conference of the United States’ current policy, JCUS- MAR 49, generally prohibits refunds of fees due upon filing, even if a party filed the case or the document in error or the court dismissed the case or proceeding; and WHEREAS in March 2005, the Judicial Conference of the United States approved guidance for the courts regarding the refund of fees that are paid electronically; and WHEREAS such guidance provides that courts should develop procedures for addressing refunds of electronic payments; refunds should be requested by motion or application; the decision whether to refund is a judicial determination that may be delegated to the clerk, as long as procedures clearly address the types of refunds clerks may authorize; and refunds should be processed electronically, not through checks; IT IS HEREBY ORDERED that:

1. The Executive Officer/Clerk of the United States Bankruptcy Court, Central District of California has the authority to approve refunds for fees paid electronically for monies collected by or paid to the Court in error, such as duplicate charges or electronic system errors.

nA F&F W WN oOo wo ND 10 iF 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. In instances where the Court discovers an error, the Executive Officer/Clerk may automatically initiate a refund. 3. Claimants seeking a refund must submit a written application in the form of a letter with the supporting documentation set forth below. The letter must include the name, address, and telephone number of the party requesting the refund. In support of the refund request, the following documentation generated from the Court’s electronic case management system must be enclosed: the receipt for payment of fees and the Notice(s) of Electronic Filing. The letter and supporting documentation should be sent to the following address: Financial Services Department United States Bankruptcy Court 255 East Temple Street, Suite 1067 Los Angeles, CA 90012 4. Refunds will be processed through the electronic credit card system. Refund checks will not be issued. 5. Ifa claimant’s refund request is denied, the claimant may seek reconsideration of the request from the judge presiding over the case in which the subject document was filed by filing a motion to that effect. 6. In the event that a particular attorney or law firm continues to make repeated mistakes when submitting fees and repeatedly requests refunds, the Court will consider remedial action and may issue an order to show cause as to why further requests for refunds should be considered. DATED: September 21, 2005 {fe BARRY RUSSELL Chief Judge, United States Bankruptcy Court