Rev.2/2000 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA Division IN RE: CASE NUMBER: DEBTOR(S) JUDGMENT CREDITOR (PLAINTIFF) V.S. JUDGMENT DEBTOR (DEFENDANT) ) ) ) ) ) ) ) ) ) ) ADVERSARY PROCEEDING NUMBER: BILL OF COSTS Notice is given that the following Bill of Costs will be presented to the bankruptcy clerk at the following place, date, and time: Address: Date Time Judgment was entered in the above entitled action on . (Date) against The clerk of the bankruptcy court is requested to tax the following as costs: Fee of the clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for service of summons and complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee 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 $ $ $ $ $ $ $ $ $ $ $ $ I, attorney for declare under penalties of perjury that the 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: $ STEPHANIE J. EDMONDSON, CLERK OF COURT Date By: Deputy Clerk American LegalNet, Inc. www.FormsWorkflow.com WITNESS FEES (computation, 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 for 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 Bankruptcy Rules contain the following provisions: Bankruptcy 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 with five days thereafter, the action of the clerk may be reviewed by the court.” Bankruptcy Rule 9006(f) “ADDITIONAL TIME AFTER SERVICE BY MAIL. When there is a right or requirement to do some act or undertake some proceeding 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.” Bankruptcy Rule 9021(a) (in part) “Entry of the judgment shall not be delayed for the taxing of costs.” American LegalNet, Inc. www.FormsWorkflow.com