IN RE CANDELORI

ROBERT KRECHEVSKY, Bankruptcy Judge

The matter before the court is a motion ("the motion") by Anthony S. Novak, a Chapter 7 trustee in a case originally commenced on December 10, 1990. Novak is not the original trustee, being appointed in April, 1993. Novak seeks an order of the court authorizing the waiver of bankruptcy court special charges of $8,339, based upon the following circumstances contained in the trustee's motion.

2. This Chapter 7 case was a complicated case which was related to the Colonial Realty cases and had in excess of 1,200 creditors and claims, many of which were related to the Colonial Realty investment debacle. In addition, this case was further complicated by certain litigation and claims made against the bond of former Trustee Germain for malfeasance and the embezzlement of fund[s] from the estate.

3. The Trustee recently disposed of the last asset of this estate and prepared the Trustee's Final Report. The total amount to be disbursed pursuant to the Final Report was $93,178.73 of which $1,200.00 was distributed to the Office of the United States Trustee for U.S. Trustee fees, $80,444.66 was distributed to the United States of America, Internal Revenue Service for priority claims. Said payments totaled $81,644.66 made to the United States of America. The remaining funds represented Chapter 7 administrative costs or other minimal priority claims. In short, the bulk of the money was paid to the United States Trustee and the United States of America, Internal Revenue Service.

4. The Trustee was recently contacted by the Office of the United States Trustee and informed that the Bankruptcy Court Clerk's Office had incurred special charges in the amount of [$8,339.00].

5. The Trustee was not aware of these special charges at the time he prepared his Final Report, nor was the Office of the United States Trustee aware of these special charges due the Clerk at the time of their review of the Trustee's Final Report.

. . .

7. After notice and hearing on the Trustee's Final Report, the Trustee disbursed the funds of this estate as set forth in paragraph 3 above and there are no longer any funds in this estate, all checks issued having been cashed and cleared.

8. Rather than seek to have the United States of America, Internal Revenue Service disgorge $8,339.00 from the payments it has already received and deposited into the United States Treasury, which would then result in the Chapter 7 Trustee reissuing a new check for $8,339.00 to the United States Bankruptcy Court, Clerk's Office which would then be redeposited back into the United States Treasury, the Trustee is seeking an order of this court granting a waiver of any special charges due the Clerk's Office in this case.

(Mot. at ¶¶ 2-5, 7-8.)

The court requested comments on the motion from the Office of the United States Trustee ("UST") and the Clerk of the Bankruptcy Court ("the clerk"). The UST responded that, while other alternatives would be acceptable, the trustee may seek "an Order waiving the Bankruptcy Court costs as almost all of those costs would have to be extracted from the same source of funds where they would eventually return through a deposit by the Bankruptcy Court Clerk." (U.S.T. Statement at ¶ 6.) The clerk took no position on the motion.

The court concludes that the motion should be granted. It is

SO ORDERED.

Upon the Chapter 7 Trustee's Motion to Waive all special charges due to the Clerk's Office, U.S. Bankruptcy Court in the above-captioned case having been presented and after notice and hearing, it is hereby

ORDERED that any special charges due in the above-captioned case to the Clerk's Office, U.S. Bankruptcy Court are hereby waived and the Trustee will not be required to make payment in regard to this claim.