1:09-bk-00024•Michael Lee
Gesamter Gesetzestext
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re MICHAEL LEE, Debtor. ) ) ) ) ) ) Case No. 09-00024 (Chapter 7) Not for Publication in West’s Bankruptcy Reporter MEMORANDUM DECISION AND ORDER GRANTING APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE The debtor has filed an application for waiver of the chapter 7 filing fee (Docket Entry (“DE”) No. 6). For reasons explained in more detail below, the court will grant the debtor’s application. Pursuant to 28 U.S.C. § 1930 as amended by § 418 of the Bankruptcy Abuse Prevention & Consumer Protection Act of 2005, Pub. L. 109-8 (effective October 17, 2005), this court may waive the filing fee in a case under chapter 7 of title 11 for an individual if the court determines that such individual has income less than 150 percent of the income official poverty line . . . applicable to a family of the size involved and is unable to pay that fee in installments. 28 U.S.C. § 1930(f)(1). The debtor’s application reflects that he is from a The document below is hereby signed. Signed: January 17, 2009. _____________________________ S. Martin Teel, Jr. United States Bankruptcy Judge Case 09-00024 Doc 18 Filed 01/22/09 Entered 01/22/09 10:33:43 Desc Main Document Page 1 of 2
2 O:\TEEL\Laura\ORDERS\Waiver of Filing Fee\Order_filing fee_waiver_grant_Lee.wpd household of one and that he has no income. This figure is less than 150% of the applicable poverty guideline figure maintained by the Department of Health and Human Services for a one-person household living in the District of Columbia. Thus, the debtor has satisfied the first requirement for waiver under 28 U.S.C. § 1930. To qualify for waiver of the filing fee, the debtor must also demonstrate that he is unable to pay the fee in installments. The debtor’s application reflects no monthly income and monthly expenses of $1,537.00, leaving the debtor without any monthly disposable income from which to pay the filing fee in installments. It is thus ORDERED that the debtor’s application for waiver of the chapter 7 filing fee (DE No. 6) is GRANTED. [Signed and dated above.] Copies to: Debtor; Chapter 7 Trustee; Office of the United States Trustee. Case 09-00024 Doc 18 Filed 01/22/09 Entered 01/22/09 10:33:43 Desc Main Document Page 2 of 2
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