Free Bill of Costs - Iowa

B 263 9/94

CLEAR FORM

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SOUTHERN IOWA _______________ District Of _______________

United States Bankruptcy Court
) ) ) ) ) ) ) ) ) ) Case No. ___________________ Chapter ____________________

In re

__________________________________________, Debtor __________________________________________, Plaintiff v. __________________________________________, Defendant

Adv. Proc. No. ______________

BILL OF COSTS
Notice is given that the following Bill of Costs will be presented to the bankruptcy clerk at the following place and time: Address Room Date and Time

Judgment was entered in the above entitled action on ___________________________ against _________________________________________. (date) The clerk of the bankruptcy court is requested to tax the following as costs: Fees of the clerk .......................................................................................................................................................... Fees for service of summons and complaint ............................................................................................................... Fees of the court reporter for any and all part of the transcript necessarily obtained for use in the case .................................................................................................................................................................. Fees and disbursements for printing ............................................................................................................................ Fees for witnesses (itemized on reverse) ..................................................................................................................... Fees for exemplifications and copies of papers necessarily obtained for use in this case ........................................... Docket fees under 28 U.S.C. § 1923 ........................................................................................................................... Costs incident to taking of depositions ....................................................................................................................... Costs as shown on Mandate of appellate court ........................................................................................................... Other costs [Please itemize] $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________ $ ______________________

TOTAL

DECLARATION I, attorney for ______________________________________________________________ declare under penalties of perjury that the
(name of party)

foregoing costs are correct and were necessarily incurred in this action, that the services for which fees have been charged were actually and necessarily performed, and that a copy of this Bill of Costs was mailed this day with postage fully prepaid to: Name and Address of Judgment Debtor

________________________________________ Date

______________________________________________________________ Signature of Attorney

COSTS ARE TAXED IN THE FOLLOWING AMOUNT AND INCLUDED IN THE JUDGMENT: $____________________________________ _____________________________________________________________ Clerk of the Bankruptcy Court _______________________________________________ Date By: __________________________________________________________ Deputy Clerk

B 263 (9/94)

W ITN ESS FEE S (com putatio n, cf. 28 U .S.C. § 1821 for statutory fees)
NAME AND RESIDENCE ATTENDANCE Total Days Cost SUBSISTENCE Total Days Cost MILEAGE Total Miles Cost Total Cost Each Witness

TOTAL NOTICE Section 1924, Title 28, U.S. Code provides: "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." Section 1920 of Title 28 reads in part as follows: "A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree." The Federal Rules of Bankruptcy Procedure contain the following provisions: Rule 7054(b) "COSTS. The court may allow costs to the prevailing party except when a statute of the United States or these rules otherwise provides. Costs against the United States, its officers and agencies shall be imposed only to the extent permitted by law. Costs may be taxed by the clerk on one day's notice; on motion served within five days thereafter, the action of the clerk may be reviewed by the court." Rule 9006(f) "ADDITIONAL TIME AFTER SERVICE BY MAIL. When there is a right or requirement to do some act or undertake some proceedings within a prescribed period after service of a notice or other paper and the notice or paper other than process is served by mail, three days shall be added to the prescribed period." Rule 9021, incorporating Federal Rule of Civil Procedure 58 "Entry of the judgment shall not be delayed . . . in order to tax costs."

B 263 BILL OF COSTS Applicable Law and Rules 1. Fed. R. Bankr. P. 7054(b) authorizes the court to allow costs to the prevailing party in an adversary proceeding. The text of this rule and of other relevant provisions of the law and rules is printed on the second page of the form. Rule 7054(b) provides that the bill of costs be presented to the clerk on notice to the other parties to the adversary proceeding. The length of time required for notice is often fixed by local rule. Some local rules also limit the time in which costs may be sought. A copy of the local rules may be obtained from the clerk of court. The clerk will not tax costs unless the judgment signed by the court specifically awards costs to the prevailing party. Rule 7054(b). The Bankruptcy Rule is different from Fed. R. Civ. P. 54(d), where costs are allowed unless the court orders otherwise. It is not necessary to have the bill of costs issued simultaneously with the entry of the judgment. Fed. R. Civ. P. 58, which is incorporated by reference by Fed. R. Bankr. P. 9021.

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Instructions Caption 1. Identify the Judicial District in which the bankruptcy case was filed. Example: "Eastern District of California." "In re": Insert the name of the debtor as it appears in the bankruptcy petition. Then insert the names of the plaintiff(s) and defendant(s) as they appear on the original complaint. "Case No.": Insert the bankruptcy case number assigned by the court at the time of filing. "Adv. Proc. No.": Insert the number assigned to the adversary case by the court at the time of the filing of the complaint. The address of the clerk's office and the date and time the bill will be presented to the clerk should be stated in the boxes provided. This date and time should be cleared with the clerk in advance of service of the notice. The fees necessarily incurred during the proceeding should be itemized in the space provided. The list is intended as a guide. It is not expected that every cost will be on the list. Therefore, several lines have been provided at the bottom of the list for additional costs to be itemized.

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Notice:

Fees:

B 263 continued Declaration: The declaration serves as both an affirmation that the costs sought were actually incurred, were necessary, and have been calculated in good faith, and as an affidavit of service of the bill of costs on the judgment debtor. Service: A copy of the proposed bill of costs must be served on the judgment debtor at least one day prior to the presentation of the bill to the clerk. Bankruptcy Rule 7054(b). Either party may move for court review of the bill, on five days notice. Rule 7054(b).

Objections:

General Information for the Clerk Prior to issuing the bill of costs, the clerk should ensure that: 1. 2. A judgment was entered in the adversary proceeding. The judgment specifically states that costs are awarded to the party seeking the bill of costs. NOTE: This is different from federal civil practice where Fed. R. Civ. P. 54 automatically permits costs. Fed. R. Bankr. P. 7054 specifically declines to follow this part of Rule 54. The attorney's declaration has been executed, and that the name and address of the judgment debtor have been filled in. This declaration is both an affirmation that the costs sought in the bill are correctly calculated, and that the judgment debtor has been served with a copy of the proposed bill.

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If both parties appear before the clerk and cannot reach agreement on the costs being sought, or if the fees sought are miscalculated, the clerk should exercise the clerk's best judgment as to the amount of costs to be awarded. Rule 7054(b) permits either party to move for review of the clerk's action in fixing the costs, or in refusing to fix costs. The clerk will almost certainly be called upon to testify at such a hearing. Thus, the clerk should keep specific notes of the basis for any decision to amend or deny the bill of costs. Some courts have adopted a local rule fixing the length of time for notice of the presentation of the bill of costs. Several courts have also adopted a local rule limiting the time in which costs may be sought after the judgment is entered. Clerks may wish to consider whether such rules should be adopted in their districts.