HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 9a(a) and 830 (R.S.983; Mar. 3, 1911, ch. 231, § 5a, as added Jan. 20, 1944, ch. 3, § 1, 58 Stat. 5). For distribution of other provisions of section 9a of title 28, U.S.C., 1940 ed., see table at end of reviser's notes. Word "may" was substituted for "shall" before "tax as costs," in view of Rule 54(d) of the Federal Rules of Civil Procedure, providing for allowance of costs to the prevailing party as of course "unless the court otherwise directs". Changes were made in phraseology. Authority to administer oaths, see section 2903 of Title 5, Government Organization and Employees. Costs, denial of to plaintiff where plaintiff recovers less than $10,000, see sections 1331 and 1332 of this title. Definition of "court of the United States," see section 451 of this title. Exemption of United States for costs except where statute permits taxation, see section 2412 of this title. Fees and costs in admiralty and maritime cases, see section 1925 of this title. Marshal's fees, see section 1921 of this title. Per diem, mileage and subsistence of witnesses, see notes under section 1821 of this title. Reporter's transcript, fees for, see section 753 of this title. Taxation of costs in fine, forfeiture and criminal proceedings, see section 1918 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1821, 2412 of this title. § 1921. United States marshal's fees Only the following fees of United States marshals shall be collected and taxed as costs, except as otherwise provided: For serving a writ of possession, partition, execution, attachment in rem, or libel in admiralty, warrant, attachment, summons, capias, or any other writ, order, or process in any case or proceeding, except as otherwise provided, $3; For serving a subpena or summons for a witness or appraiser, $2; For forwarding any writ, order, or process to another judicial district for service, in addition to the prescribed fee, $1; For the preparation of any notice of sale, proclamation in admiralty, or other public notice or bill of sale, $3; For seizing or levying on property (including seizures in admiralty), disposing of the same by sale, setoff, or otherwise and receiving and paying over money, commissions of 3 per centum on the first $1,000 of the amounts collected and 1 per centum on the excess of any sum over $1,000. If not disposed of by marshal's sale, the commission shall be in such amount as may be allowed by the court. In all cases in which the vessel or other property is sold by a public auctioneer, or by some party other than the marshal or his deputy, the commission herein authorized to be paid to the marshal shall be reduced by the amount paid to said auctioneer or other party; For the keeping of property attached (including boats, vessels, or other property attached or libeled) actual expenses incurred, such as storage, moving boat hire, or other special transportation, watchmen's or keeper' fees, insurance, and $3 per hour for each deputy marshal required for special services, such as guarding, inventorying, moving, and so forth. The marshals shall collect, in advance, a deposit to cover the initial expenses for such services and periodically thereafter such amounts as may be necessary to pay such expenses until the litigation is concluded; For copies of writs or other papers furnished at the request of any party, 30 cents per folio of one hundred words or fraction thereof; For all services in a criminal case except for the summoning of witnesses, a sum to be fixed by the court not exceeding $25 where conviction is for a misdemeanor and not exceeding $100 where conviction is for a felony; For necessary travel in serving or endeavoring to serve any process, writ, or order, 12 cents per mile, or fraction thereof, to be computed from the place where service is returnable to the place of service or endeavor; or, where two or more services or endeavors, or where an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or endeavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or endeavoring to serve in behalf of that party. When two or more writs of any kind, required to be served in behalf of the same party, on the same person, in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected; No mileage fees shall be collected for services or endeavors to serve in the District of Columbia; The marshal may require a deposit to cover all fees and expenses herein prescribed. (June 25, 1948, ch. 646, 62 Stat. 955; Sept. 9, 1950, ch. 937, 64 Stat. 824; Aug. 31, 1962, Pub. L. 87-621, § 1, 76 Stat. 417.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 574 (R.S. §§ 823, 829; May 28, 1896, ch. 252, § 6, 29 Stat. 179; May 29, 1930, ch. 356, 46 Stat. 486; Aug. 3, 1935, ch. 431, § 2, 49 Stat. 513). Provisions for serving venires and summoning grand and petit jurors were omitted as useless since mar shal's fees are now covered into the Treasury and there is no basis for apportioning the cost of summoning jurors for a term of court and taxing the same to individual cases. The marshal's fee "for holding a court of inquiry or other proceedings before a jury, including summoning a jury, $5" is omitted as obsolete in the Federal practice. See, Black's Law Dictionary "Court of Inquiry." See, also, Webster's International Dictionary. A fee of 50 cents "for each bail bond" is omitted as covered by the general provision for taxation of marshal's fees in criminal cases. The provisions for a fee of $5 for drawing and executing a deed and $1 for executing a deed prepared by a party or his attorney are omitted as unnecessary. It is the marshal's duty to execute conveyances of property which he sells on execution and his salary compensates him therefor. There is no occasion for him to draw such a deed and no beneficial purpose in taxing the parties a fee for his signature. The 2 per centum fee for disbursing moneys is omitted as an unnecessary burden upon funds belonging to litigants. The provision that a folio consists of "100 words or major fraction thereof" is inserted to conform with section 607 of title 28, U.S.C., 1940 ed., which is transferred to title 44, U.S.C., 1940 ed., Public Printing and Documents, along with section 606 of said title 28, to which said section 607 also relates. The provision for a lump sum to be determined by the court and taxed in criminal cases was added. It fixes a maximum of $25 in misdemeanor cases and $100 in felony cases. It may be questioned whether costs as such should ever be taxed against the convicted defendant in a criminal case. The acquitted defendant is not permitted to tax costs against the United States. Indeed the allowance of costs in criminal cases is not a matter of right but rests completely within the discretion of the court. Morris v. United States, 1911, 185 Fed. 73, 107 C.C.A. 293. In Alberty v. U.S., C.C.A.9, 1937, 91 F.2d 461, the defendant was fined $100 on each of 11 accounts of an indictment under the 1906 Food and Drug Act (title 21, §§ 2, 10, U.S.C., 1934 ed., as amended). Costs of prosecution were taxed in the sum of $1,499.80. Yet the court in its discretion might have reached substantially the same result by imposing a fine of $200 on each count without any taxation of costs. Changes were made in phraseology. AMENDMENTS 1962-Pub. L. 87-621 increased fees for serving an attachment in rem, or libel in admiralty, warrant, attachment, summons, capias, or any other writ from $2 to $3, for serving a subpoena or summons for a witness or appraiser from 50 cents to $2, for preparation of a proclamation in admiralty from 30 cents to $3, and for copies of writs or other papers furnished at the request of any party from 10 to 30 cents per folio of 100 words or fraction thereof, and mileage for necessary travel from 10 cents a mile to 12 cents per mile, or fraction thereof, inserted provisions authorizing a fee of $1, in addition to the prescribed fee, for forwarding any writ, order, or process to another judicial district for service, and $3 for preparation of any notice of sale or other public notice or bill of sale, permitting payment of travel expenses where there is an endeavor to serve any process, writ, or order, prohibiting collection of mileage fees for services or endeavors to serve in the District of Columbia, and empowering marshals to require a deposit to cover all fees and expenses, and substituted provisions authorizing a fee of $3 for serving a writ of possession, partition, execution, order or process, and commissions of 3 per centum on the first $1,000 collected and 1% per centum on amounts over $1,000 for seizing and levying on property (including seizures in admiralty), disposing of the same and receiving and paying over the money for provisions which permitted a marshal serving such a writ or process, and seizing and levying on property, advertising 11-611 O -83- Vol. 12-23 QL 3 and disposing of the same and receiving and paying over the money, to receive the same fees and poundage as allowed for similar services to the sheriffs of the States in which the service is rendered, and 2% per centum on any sum under $500, and 11⁄2 per centum on amounts over $500 for sale of vessels or other property under process in admiralty, or under the order of a court of admiralty, and provisions permitting collection of actual expenses incurred, and $3 per hour for each deputy marshal required, for the keeping of property attached, and directing the marshal to collect, in advance, a deposit to cover initial expenses and periodically thereafter such amounts as necessary to pay expenses until litigation is concluded, for provisions which allowed only such compensation as the court, on petition, might allow. 1950-Act Sept. 9, 1950, increased the mileage fees from 6 to 10 cents a mile. The fees of more than four witnesses shall not be taxed against the United States, in the examination of any criminal case before a United States commissioner, unless their materiality and importance are first approved and certified to by the United States attorney for the district in which the examination is had. (June 25, 1948, ch. 646, 62 Stat. 956.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 828 (R.S. § 981; May 28, 1896, ch. 252, § 19, 29 Stat. 184). Last clause of section 828 of title 28, U.S.C., 1940 ed., providing "and such taxation shall be subject to revision, as in other cases" was omitted as unnecessary in view of the inherent power of the court to revise costs taxed. Changes were made in phraseology. CHANGE OF NAME Reference to United States commissioners deemed to be reference to United States magistrates pursuant to Pub. L. 90-578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118. See chapter 43(§ 631 et seq.) of this title. CROSS REFERENCES Compensation of United States magistrates, see section 634 of this title. Liability of United States for costs, see section 2412 of this title. 8 1923. Docket fees and costs of briefs (a) Attorney's and proctor's docket fees in courts of the United States may be taxed as costs as follows: $20 on trial or final hearing (including a default judgment whether entered by the court or by the clerk) in civil, criminal, or admiralty cases, except that in cases of admiralty and maritime jurisdiction where the libellant recovers less than $50 the proctor's docket fee shall be $10; $20 in admiralty appeals involving not over $1,000; $50 in admiralty appeals involving not over $5,000; $100 in admiralty appeals involving more than $5,000; $5 on discontinuance of a civil action; $5 on motion for judgment and other proceedings on recognizances; $2.50 for each deposition admitted in evidence. (b) The docket fees of United States attorneys and United States trustees shall be paid to the clerk of court and by him paid into the Treasury. (c) In admiralty appeals the court may allow as costs for printing the briefs of the successful party not more than: $25 where the amount involved is not over $1,000; $50 where the amount involved is not over $5,000; $75 where the amount involved is over $5,000. (June 25, 1948, ch. 646, 62 Stat. 956; June 18, 1954, ch. 304, 68 Stat. 253; Nov. 6, 1978, Pub. L. 95-598, title II, § 245, 92 Stat. 2671.) REPEAL OF REFERENCES TO UNITED STATES Section 408(c) of Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2687, provided that all references to United States trustees contained in this title are deleted, as of Apr. 1, 1984. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 571, 572, and 578 (R.S. §§ 823, 824; May 28, 1896, ch. 252, §§ 6, 24, 29 Stat. 179, 186; Feb. 26, 1919, ch. 49, § 1, 40 Stat. 1182; July 19, 1919, ch. 24, § 1, 41 Stat. 209; Feb. 11, 1921, ch. 46, 41 Stat. 1099; June 6, 1930, ch. 409, 46 Stat. 522; Aug. 3, 1935, ch. 431, § 1, 49 Stat. 513). Section consolidates sections 571, 572, and 578 of title 28, U.S.C., 1940 ed. The phrase "$20 on trial or final hearing in civil, criminal, or admiralty cases" was substituted for the following provisions of section 572 of title 28, U.S.C., 1940 ed., "On trial before a jury, in civil or criminal causes or before referees, or on a final hearing in equity or admiralty, a docket fee of $20", and the limitation of $10 in "cases at law when judgment is rendered without a jury" was omitted. This simplified restatement provides for a single docket fee in each case which reaches final hearing or trial. Since the docket fee is arbitrary, any limitation or distinction between law cases tried with or without a jury is unrealistic. Word "solicitor" was omitted as obsolete and inapplicable in civil, criminal, or admiralty practice. Words "motion for judgment" were substituted for "scire facias" to conform to Rules 2 and 81 of the Federal Rules of Civil Procedure. Changes were made in phraseology. AMENDMENTS 1978-Subsec. (b). Pub. L. 95-598 added "and United States trustees" following “United States attorneys". 1954-Subsec. (a). Act June 18, 1954, inserted in the first item the parenthetical words “including a default judgment whether entered by the court or by the clerk" following the words “final hearing". EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Appendix to this title. Application of, see rule 81. FEDERAL RULES OF CRIMINAL PROCEDURE Depositions, see rule 15, Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Taxation of costs Admiralty cases, see section 1925 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1920 of this title. § 1924. Verification of bill of costs Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed. (June 25, 1948, ch. 646, 62 Stat. 957.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 831 (R.S. § 984; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Section as revised conforms to existing Federal Practice. See note to subdivision (d) of Rule 54 of the Federal Rules of Civil Procedure. For discussion as to verification of bill of costs under existing practice, see-8 Hughes, Federal Practice, Jurisdiction and Procedure-Civil and Criminal, § 6441. Words "or allowed by the General Accounting Office" were omitted as unnecessary. That office will not allow items in a tax bill for costs against the United States unless such bill has been taxed by the court, and the court, under this section, cannot tax as costs items in an unverified bill. Changes were made in phraseology. § 1925. Admiralty and maritime cases Except as otherwise provided by Act of Congress, the allowance and taxation of costs in ad miralty and maritime cases shall be prescribed by rules promulgated by the Supreme Court. (June 25, 1948, ch. 646, 62 Stat. 957.) HISTORICAL AND REVISION NOTES This section was drafted to make possible the promulgation of comprehensive and uniform rules governing costs in admiralty. Various enactments of Congress, all over 100 years old, relate to particular features of such matter, but do not set forth any comprehensive and uniform procedure. See, for example, sections 818, 826, and 827 of title 28, U.S.C., 1940 ed. FEDERAL RULES OF CIVIL PROCEDURE Fees and costs in admiralty proceedings, see Rules 41, 43, 54 and Rules C and E, Appendix to this title. § 1926. Claims Court (a) The Judicial Conference of the United States shall prescribe from time to time the fees and costs to be charged and collected in the United States Claims Court. (b) The court and its officers shall collect only such fees and costs as the Judicial Conference prescribes. The court may require advance payment of fees by rule. (June 25, 1948, ch. 646, 62 Stat. 957; Apr. 2, 1982, Pub. L. 97-164, title I, § 139(p)(1), 96 Stat. 44.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 304 (Mar. 3, 1911, ch. 231, § 191, 36 Stat. 1144). For distribution of other provisions of section 304 of title 28, U.S.C., 1940 ed., see Distribution Table. Changes were made in phraseology. AMENDMENTS 1982-Pub. L. 97-164 substituted "Claims Court" for "Court of Customs and Patent Appeals" as the section catchline and, in text substituted provisions directing the Judicial Conference of the United States to prescribe from time to time the fees and costs to be charged and collected in the United States Claims Court and directing the court and its officers to collect only such fees and costs as the Judicial Conference prescribes, with the court authorized to require advance payment of fees by rule for provisions which had directed that fees and costs in the Court of Customs and Patent Appeals be fixed by a table of fees adopted by such court and approved by the Supreme Court, that the fees and costs so fixed not exceed the fees and costs charged in the Supreme Court, and that the fees be accounted for and paid over to the Treasury. EFFECTIVE Date of 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. JUDICIAL CONFERENCE SCHEDULE OF FEES The Federal Courts Improvement Act of 1982 [Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25] added a new Sec. 1926 to Title 28, United States Code, authorizing the Judicial Conference to prescribe from time to time the fees and costs to be charged and collected in the United States Claims Court. Upon the recommendation of the Committee the Conference approved the following fee schedule to be effective October 1, 1982: Fees to be Charged for Services Performed by the Clerk of the United States Claims Court (except that no fees are to be charged for services rendered on behalf of the United States): 1. For filing a civil action or proceeding, $60.00, plus $1.00 for each additional plaintiff demanding a separate judgment; 2. For reproducing any record or paper, $.50 per page. This fee shall apply to paper copies made from either: (a) original documents; or (b) microfiche or microfilm reproductions of the original records; 3. For certifying any document or paper, whether the certification is made directly on the document or by separate instrument, $2.00; 4. For admission of attorneys to practice, $15.00 each, including a certificate of admission. For a duplicate certificate of admission or certificate of good standing, $3.00; 5. For receipt of a monthly listing of court orders and opinions, $10.00 per year. No other fees for miscellaneous services than those prescribed by the Judicial Conference of the United States shall be charged or collected by any clerk of court. § 1927. Counsel's liability for excessive costs Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct. (June 25, 1948, ch. 646, 62 Stat. 957; Sept. 12, 1980, Pub. L. 96–349, § 3, 94 Stat. 1156.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 829 (R.S. § 982). Word "personally" was inserted upon authority of Motion Picture Patents Co. v. Steiner et al., 1912, 201 F. 63, 119 C.C.A. 401. Reference to "proctor" was omitted as covered by the revised section. See definition of "court of the United States" in section 451 of this title. Changes were made in phraseology. AMENDMENTS 1980-Pub. L. 96-349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys' fees reasonably incurred because of multiplication of proceedings for such prior authority to impose liability for increased costs based on multiplication of proceedings. FEDERAL RULES OF CIVIL PROCEDURE Costs, see rules 11 and 54, Appendix to this title. § 1928. Patent infringement action; disclaimer not filed Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the Patent Office prior to the commencement of the action. (June 25, 1948, ch. 646, 62 Stat. 957.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 821 (R.S. § 973). Word "action" was substituted for "any suit at law or in equity" to conform with Rule 2 of the Federal Rules of Civil Procedure. Words "or decree" were omitted after "judgment," because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a decree. Changes were made in phraseology. CHANGE OF NAME Patent Office redesignated Patent and Trademark Office, by section 3 of Pub. L. 93-596, Jan. 2, 1975, 88 Stat. 1949, set out as a note under section 1 of Title 35, Patents. FEDERAL RULES OF CIVIL PROCEDURE Costs, see rule 54, Appendix to this title. CROSS REFERENCES Costs where disclaimer not filed in patent infringement action, see section 288 of Title 35, Patents. § 1929. Extraordinary expenses not expressly authorized Where the ministerial officers of the United States incur extraordinary expense in executing Acts of Congress, the payment of which is not specifically provided for, the Attorney General may allow the payment thereof. (June 25, 1948, ch. 646, 62 Stat. 957.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 577 (R.S. § 846; Feb. 18, 1875, ch. 80, § 1, Stat. 318; May 28, 1896, ch. 252, 13, 29 Stat. 183; May 27, 1908, ch. 200, § 1, 35 Stat. 375; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Feb. 26, 1919, ch. 49, § 7, 40 Stat. 1182; Oct. 13, 1941, ch. 431, § 1, 55 Stat. 736). Provision for payment of expenses under section 577 of title 28, U.S.C., 1940 ed., from appropriations for expenses of the judiciary was omitted as unnecessary. Such expenses are carried in the Judiciary Appropriation Acts and will continue without this provision. The first sentence of said section 577 is incorporated in section 551 of this title. The qualifying phrase "under the special taxation of the district court in which the said services have been or shall be rendered, to be paid from the appropriation for defraying the expenses of the Judiciary," was omitted, and the functions of allowing extraordinary expenses was vested in the Attorney General instead of the President. Neither the President nor the district judge should be burdened with such duty since the Attorney General only has the information upon which to act. Changes were made in phraseology. § 1930. Bankruptcy courts (a) Notwithstanding section 1915 of this title, the parties commencing a case under title 11 shall pay to the clerk of the bankruptcy court the following filing fees: (1) For a case commenced under chapter 7 or 13 of title 11, $60. (2) For a case commenced under chapter 9 of title 11, $300. (3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $200. (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $500. An individual commencing a voluntary case or a joint case under title 11 may pay such fee in installments. (b) The 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) of this title. (c) Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or a writ of certiorari $5 shall be paid to the clerk of the bankruptcy court, by the appellant or petition er. (d) Whenever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs. (e) The clerk of the bankruptcy court may collect only the fees prescribed under this section. (Added Pub. L. 95-598, title II, § 246(a), Nov. 6, 1978, 92 Stat. 2671.) EFFECTIVE DATE Section effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. JUDICIAL CONFERENCE SCHEDULE OF FEES The Judicial Conference of the United States at its session on March 7-9, 1979, adopted a schedule of fees to be charged in bankruptcy courts pursuant to this section. The schedule becomes effective on October 1, 1979. At its session on March 5, 6, 1980, the Judicial Conference amended the schedule of fees. The scheduled charges for special services to be made under Section 40c(3) of the Bankruptcy Act for deposit to the Referees' Salary and Expense Fund and the miscellaneous fees chargeable in bankruptcy cases filed after October 1, 1979, pursuant to 28 U.S.C. 1930(b) are as follows (except that no fees are to be charged for services rendered on behalf of the United States): 1. For reproducing any record or paper 50 cents per page. This fee shall apply to paper copies made from either: (1) original documents; or (2) microfiche or microfilm reproductions of the original records. 2. For certifying any document or paper, whether the certification is made directly on the document or by separate instrument, $2.00. 3. For comparing with the original thereof any copy of any transcript of record, entry, record or paper, when such copy is furnished by any person requesting certification, $2.00 per page or fraction thereof. This fee is in addition to the fee for certification. 4. For reproduction of magnetic tape recordings, either cassette or reel to reel, $2.00 plus the cost of materials, minimum charge of $5.00. 5. For amendments to a debtor's schedules or lists of creditors after notice to creditors, $10.00 for each amendment, provided the bankruptcy judge may, for good cause, waive the charge in any case. 6. For every search of the records of the bankruptcy court conducted by the clerk of the bankruptcy court or one of his deputies, $2.00 per name or item searched. 7. For filing a complaint, a fee should be collected in the same amount as the filing fee prescribed in 28 U.S.C. 1914(a) for instituting any civil action other than a writ of habeas corpus. If the United States, other than a United States trustee acting as a trustee in a case under title 11, or a debtor is the plaintiff, no fee is required. If a trustee in a case under title 11 is the plaintiff, the fee should be payable only from the estate and to the extent there is any estate realized. The exemption granted herein to a debtor is not granted to a debtor in possession. 8. For filing or indexing any paper not in a case or proceeding for which a filing fee has been paid, $3.00, |