Margaret Cecelia Caraway Holmes

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MARGARET CECELIA CARAWAY
HOLMES,
Debtor.
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Case No. 08-00715
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING
APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE
The debtor, Margaret Cecelia Caraway Holmes, has filed an
application for waiver of the chapter 7 filing fee (Docket Entry
(“DE”) No. 10, filed October 31, 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
household of one and that she has a combined monthly income of
The document below is hereby signed.
Signed: November 05, 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 one-person family living in
the District of Columbia is $10,400.00 per year, making 150% of
the applicable poverty line $15,600.00. 	The debtor’s stated
income exceeds this threshold.
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$2,500.00, or $30,000.00 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 one-person
household living in the District of Columbia. 1 	Thus, the debtor
has failed to satisfy 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, however, reflects a
monthly income of $2,500.00 and expenses of $2,370.00, leaving
the debtor with $130.00 in monthly disposable income from which
to pay the filing fee in installments. 	It is thus
ORDERED that the debtor’s application for waiver of the
chapter 7 filing fee (DE 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
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3	O:\TEEL\Laura\ORDERS\Waiver of Filing Fee\Order_filing fee_waiver_deny_Holmes.wpd
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.
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