Darlene M. Richardson and Alphonzo Richardson, Jr.

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
DARLENE M. RICHARDSON and
ALPHONZO RICHARDSON
Debtors.
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Case No. 08-000150
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER GRANTING
APPLICATION FOR WAIVER OF THE FILING FEE
On March 6, 2008, the debtors filed an Application for
Waiver of the Chapter 7 Filing Fee for Individuals Who Cannot Pay
the Filing Fee in Full or in Installments (DE No. 2). 	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).
Although the application neglects to specifically state the
size of the debtors’ family, it does note that the debtors care
The order below is hereby signed.
Signed: July 01, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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1 	See Darlene and Alphonzo Richardson, Case No. 08-00018,
Emergency Motion for Reconsideration (DE No. 27, filed February
19, 2008).
2 	Promulgated on August 11, 2005, the Judicial Conference
of the United States established standards to assist the courts
in determining a debtor's eligibility for a fee waiver under 28
U.S.C. § 1930(f)(1), and, under those standards, “family size” is
defined as the debtor(s), the debtor's spouse (unless the spouses
are separated and a joint petition is not being filed), and any
dependents listed on Schedule I. 	Here, no dependents were listed
on Schedule I, but the court will treat the Application, which
was signed under penalty of perjury, as effectively amending
Schedule I.
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for fourteen grandchildren. 	In a prior case that was dismissed
shortly before the instant case was filed and of which the court
takes judicial notice, the debtors indicated that, although they
are the grandparents of fourteen children, they actually provide
care for only four. 1 	Regardless of whether the debtors support a
family of six or a family of sixteen, they qualify for waiver of
the filing fee. 2
The Application lists the debtors as having monthly income
of $2,824.00 per month or $33,888.00 annually. 	Their monthly
expenses of $3,935.00 leave them with no monthly disposable
income from which to pay the filing fee in installments. 	The
debtors’ annual income of $33,888.00 is less than 150% of the
income official poverty line of $28,400.00 applicable to a family
of six under the 2008 Health & Human Services Poverty Guidelines,
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3 	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. 	According to the 2008
HHS Poverty Guidelines, the income official poverty line for a
family of six in the District of Columbia is $28,400, and 150% of
that figure is $42,600.00.
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as required for waiver. 3 	Accordingly, it is
ORDERED that the debtors’ Application for Waiver of the
Chapter 7 Filing Fee (DE No. 2) is GRANTED.
[Signed and dated above.]
Copies to:
Debtor; Chapter 7 Trustee; Office of United States Trustee.
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