Bruce Stanley Stout

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
BRUCE STANLEY STOUT,
Debtor.
)
)
)
)
)
)
Case No. 08-00617
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER GRANTING RENEWED
APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE
The debtor has filed a renewed application for waiver of the
chapter 7 filing fee (Docket Entry (“DE”) No. 43), together with
a letter addressed to the court describing the change in
circumstances that prompted the debtor to file the renewed
application (DE No. 44). 	For reasons explained in more detail
below, the court will grant the debtor’s renewed application for
waiver of the chapter 7 filing fee. 1
1 	The debtor filed an application for waiver of the chapter
7 filing fee upon the commencement of this case (DE No. 5). 	The
court then issued an order directing the debtor to supplement the
application with additional information (DE No. 20), and the
debtor responded by filing an amended application (De No. 27).
The court held a hearing to address the amended application and
ultimately denied the application without prejudice to the filing
of a renewed application in the event the debtor’s circumstances
changed (DE No. 35).
The document below is hereby signed.
Signed: March 22, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 08-00617 Doc 46 Filed 03/23/09 Entered 03/23/09 13:37:16 Desc Main
Document Page 1 of 3

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
household of one and that he has a combined monthly income of
$985.00, or $11,820.00 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. 2 	Thus, the debtor
has satisfied the first requirement for waiver under 28 U.S.C.
§ 1930.
2 	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
Case 08-00617 Doc 46 Filed 03/23/09 Entered 03/23/09 13:37:16 Desc Main
Document Page 2 of 3

To qualify for waiver of the filing fee, the debtor must
also demonstrate that he is unable to pay the fee in
installments. 	According to the debtor’s application, the debtor
has monthly expenses of $985.00, 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 renewed application for waiver of
the chapter 7 filing fee (DE No. 43) 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_Stout.wpd
Case 08-00617 Doc 46 Filed 03/23/09 Entered 03/23/09 13:37:16 Desc Main
Document Page 3 of 3