W.D.N.Y. LBR 7054-1 — Costs in the Bankruptcy Case
A published court requirement that applies in New York. Category: Local Rules. Effective May 13, 1997. Verified against the official source (W.D.N.Y. (Bankr.) — Local Rules and Orders (U.S. Bankruptcy Court for the Western District of New York)) on November 3, 2026.
Summary
W.D.N.Y. LBR 7054-1 — Costs in the Bankruptcy Case: the court's own rule, verbatim from the Local Rules of Bankruptcy Procedure, United States Bankruptcy Court for the Western District of New York, effective May 13, 1997 (official PDF, sha-custodied). Court-level requirement: applies in every case and proceeding before the U.S. Bankruptcy Court for the Western District of New York, alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
Requirement
A. A party entitled to recover costs shall file with the Bankruptcy Clerk, upon forms provided by the Clerk, a verified bill of costs. The date on which the parties will appear before the Clerk for taxation of the costs and proof of service of a copy upon the party liable for the costs shall be endorsed thereon. The Clerk’s action may be reviewed by the Court if a motion to retax the costs is filed within five (5) days after the costs are taxed. B. Standards for Taxing Costs (1) The Clerk’s filing fee is allowable if paid by the claimant. (2) Fees of the marshal as set forth in 28 U.S.C. § 1921 are allowable to the extent actually incurred. Fees for service of process by someone other than the marshal are allowable to the extent that they do not exceed those permitted by 28 U.S.C. §1921. (3) Reporters’ transcripts: (a) The cost of transcripts necessarily obtained for an appeal are allowable. (b) The cost of a transcript of a statement by a Judge from the bench which is to be reduced to a formal order prepared by counsel is allowable. (c) The cost of other transcripts is not normally allowable unless, before it is incurred, it is approved by a Judge or stipulated to be recoverable by counsel. (4) Depositions: (a) The cost of an original and one copy of any deposition used for any purpose in connection with the case is allowable. (b) The expenses of counsel in attending depositions are not allowable. (c) The cost of reproducing exhibits to depositions is allowable where the cost of the deposition is allowable. (d) Notary fees incurred in connection with taking depositions are allowable. (e) The attendance fee of a reporter when a witness fails to appear is allowable if the claimant made use of available process to compel the attendance of the witness. (5) Reproduction and Exemplification: (a) The cost of reproducing and certifying or exemplifying government records for use in the case is allowable. (b) The cost of reproducing documents used for any purpose in connection with the trial is allowable. (c) The cost of reproducing copies of motions, pleadings, notices and other routine case papers is not allowable. (d) The cost of reproducing trial exhibits is allowable to the extent that a Judge requires copies to be provided. (e) The cost of preparing charts, diagrams and other visual aids to be used as exhibits is allowable if such exhibits are reasonably necessary to assist the jury or the Court in understanding the issues at the trial. (f) The cost of reproducing the required number of copies of the Clerk’s record on appeal is allowable. (6) Witness Expenses. Per diem, subsistence and mileage payments for witnesses are allowable to the extent reasonably necessary. No other witness expenses, including fees for expert witnesses, are allowable. (7) Such other costs, not heretofore provided for, authorized under Rule 39, Federal Rules of Appellate Procedure, are allowable. (8) Premiums on undertaking bonds and costs of providing security required by law, by order of a Judge, or otherwise necessarily incurred are allowable. (9) The certificate of counsel required by 28 U.S.C. § 1924 shall be prima facie evidence of the facts recited therein. The burden is on the opposing party to establish that a claim is incorrectly stated, unnecessary or unreasonable.
Source of truth
A. A party entitled to recover costs shall file with the Bankruptcy Clerk, upon forms provided by the Clerk, a verified bill of costs. The date on which the parties will appear before the Clerk for taxation of the costs and proof of service of a copy upon the party liable for th
- Official source
- W.D.N.Y. (Bankr.) — Local Rules and Orders (U.S. Bankruptcy Court for the Western District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- May 13, 1997
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
Change history
- November 4, 2026Monitor could not safely verify the registered source on two consecutive checks.
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