Legal Opinion
Merrill Trust Co. v. Red Barn, Inc. (In Re Red Barn, Inc.)
United States Bankruptcy Court, D. Maine
Decided September 28, 1982No. 19-10083PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OP DECISION
JAMES A. GOODMAN, Bankruptcy Judge.
Plaintiff filed in March, 1981 a complaint for relief from stay seeking leave to foreclose upon a mortgage. Plaintiff paid the $60.00 filing fee required to file its complaint, but seeks to have the fee returned, arguing that the fee is neither authorized by statute nor constitutional.
Pursuant to 28 U.S.C. § 1930(b), the Judicial Conference of the United States has adopted a schedule of fees for bankruptcy courts which requires that a creditor who files a complaint must pay a fee in the same amount as the filing fee prescribed in 28…
2Cases cited9 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Udall v. TallmanSupreme Court of the United States · 1965
- United States v. KrasSupreme Court of the United States · 1973
- General Service Employees Union Local No. 73, Affiliated With Service Employees International Union, Afl-Cio v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1978
- In Re Ronald Gene South, Debtor. Otasco, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1982
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3Cited by4 opinions
- United States v. Merritt (In Re Merritt)United States Bankruptcy Court, S.D. Illinois · 1995
- Heghmann v. Indorf (In Re Heghmann)Bankruptcy Appellate Panel of the First Circuit · 2005
- Lu v. Ravida (In Re Ravida)Bankruptcy Appellate Panel of the First Circuit · 2003
- Heghmann v. Indorf (In Re Heghmann)Bankruptcy Appellate Panel of the First Circuit · 2005