Michael Nine

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MICHAEL NINE,
Debtor.
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Case No. 09-00539
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING
APPLICATION FOR WAIVER OF THE FILING FEE
The debtor has filed an application for waiver of the
chapter 7 filing fee (Dkt. No. 10). 	For reasons explained in
more detail below, the court will deny 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 three-
person household and that he has a combined monthly income of
The document below is hereby signed.
Signed: June 23, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00539 Doc 17 Filed 06/24/09 Entered 06/24/09 16:05:38 Desc Main
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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 three-person family living in
the District of Columbia is $18,310.00 per year, making 150% of
the applicable poverty line $27,465.00. 	The debtor’s stated
income exceeds this threshold.
2	O:\TEEL\Laura\ORDERS\Waiver of Filing Fee\Order_filing fee_waiver_deny_income exceeds threshold_Nine.wpd
$3,086.00, or $37,032.00 per annum. 	This figure is more than
150% of the applicable poverty guideline figure maintained by the
Department of Health and Human Services for a three-person
household living in the District of Columbia. 1 	Thus, the debtor
is not eligible for waiver of the filing fee under 28 U.S.C.
§ 1930. 	It is
ORDERED that the debtor’s application for waiver of the
chapter 7 filing fee (Dkt. No. 10) is DENIED. 	It is further
ORDERED that, within 15 days after entry of this order, the
debtor shall either pay the filing fee in full or file with the
clerk of the court an application to pay the filing fee in
installments setting forth the schedule of installment payments
in accordance with Fed. R. Bankr. P. 1006(b).
[Signed and dated above.]
Copies to: Debtor; Chapter 7 Trustee; Office of United States
Trustee.
Case 09-00539 Doc 17 Filed 06/24/09 Entered 06/24/09 16:05:38 Desc Main
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