Khadija Duma

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
KHADIJA DUMA,
Debtor.
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Case No. 08-00379
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER GRANTING
APPLICATION FOR WAIVER OF THE FILING FEE
The debtor, Khadija Duma, has filed an application for
waiver of the chapter 7 filing fee (Docket Entry (“DE”) No. 54,
filed October 2, 2008). 	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 two-
person household and that she has a combined monthly income of
The order below is hereby signed.
Signed: October 20, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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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 2008 HHS
guidelines, the poverty line for a two-person family living in
the District of Columbia is $14,000.00 per year, making 150% of
the applicable poverty line $21,000.00. 	The debtor’s stated
income falls below this threshold.
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approximately $1,400.00, or $16,800.00 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
two-person household living in the District of Columbia. 1 	Thus,
the debtor has met 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. 	The debtor’s application reflects a monthly income
of $1,400.00 and expenses of approximately $2,400.00, leaving the
debtor without sufficient funds to meet her monthly expenses and
with no monthly disposable income. 	It further appearing that the
debtor does not have any non-essential exempt assets from which
she can pay the fee in installments, the court concludes that the
debtor is unable to pay the filing fee in installments.
The debtor having already paid $54.00 of the filing fee as
well as a $25.00 fee to convert this case to a case under
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3	O:\TEEL\Laura\ORDERS\Waiver of Filing Fee\Order - filing fee_waiver_grant_Duma.wpd
chapter 7, it is
ORDERED that the debtor’s application for waiver of the
chapter 7 filing fee (DE No. 54) is GRANTED such that the debtor
is excused from paying the remaining balance of the filing fee.
[Signed and dated above.]
Copies to:
Debtor; Chapter 7 trustee; Office of the United States Trustee.
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