Beulah M. Rivers

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
BEULAH M. RIVERS,
Debtor.
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Case No. 09-0172
(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Not for Publication in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. 7). 	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 she is from a
The order below is signed with the word "medial" changed to
"medical". Dated: March 16, 2009.
______________________
S. Martin Teel, Jr.
U.S. Bankruptcy Judge
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household of one and that she has a combined monthly income of
$694.00 or $8,328.00 per annum. 	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. 1 	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 she is unable to pay the fee in
installments. 	According to the debtor’s schedule J, the debtor
has monthly expenses of $629.00. 	This theoretically leaves the
debtor with $65.00 in monthly disposable income from which to pay
the filing fee in installments. 	A review of the debtor’s
schedule J, however, suggests that the debtor has understated her
expenses. 	For example, she has allowed only $100.00 for food,
and has made no allowance whatsoever for medial, transportation,
or recreation expenses. 	Under the circumstances, the court deems
1 	Section 1930(f) specifies that the “official poverty
line” figures used for purposes of the chapter 7 fee waiver refer
to those “defined by the Office of Management and Budget [“OMB”],
and revised annually in accordance with [§] 673(2) of the Omnibus
Reconciliation Act of 1981 . . . .” 	The Judicial Conference of
the United States interprets this language to refer to the
poverty guidelines maintained annually by the U.S. Department of
Health and Human Services (“HHS”) because the OMB has never
issued poverty guidelines or thresholds. 	Under the 2009 HHS
guidelines, the poverty line for a one-person family living in
the District of Columbia is $10,830.00, per year, making 150% of
the applicable poverty line $16,245.00. 	The debtor’s stated
income does not exceed this threshold.
2
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it inappropriate to treat the $65.00 as available for payment of
the filing fee in installments. 	It is thus
ORDERED that the debtor’s application for waiver of the
chapter 7 filing fee (DE No. 7) is GRANTED.
[Signed and dated above.]
Copies to: Debtor; Chapter 7 Trustee; Office of United States Trustee.
3	O:\TEEL\Laura\ORDERS\Waiver of Filing Fee\Order_filing fee_waiver_grant_Rivers.wpd
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