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Not for Publication in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 GRANTING MOTION FOR RECONSIDERATION
AND GRANTING APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE
On November 6, 2008, the court entered a memorandum decision
and order denying the debtor’s application for waiver of the
chapter 7 filing fee (Docket Entry (“DE”) No. 21). 	The court
denied the debtor’s application because the debtor’s stated
monthly income of $2,500.00, or $30,000.00 per annum, exceeds
150% of the applicable poverty guideline for a one-person
household in the District of Columbia. 	Likewise, based upon the
debtor’s stated monthly expenses of $2,370.00, the court
determined that the debtor was able to pay the fee in
installments. 	Accordingly, the court found that the debtor was
not eligible for waiver of the filing fee.
The debtor has filed a Motion for Reconsideration of Order
Denying Waiver of the Filing Fee (DE No. 32, filed Nov. 19,
The document below is hereby signed.
Signed: November 26, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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2
2008). 	In her motion, the debtor explains that she has
experienced a sharp decline in income. 	In support of her motion,
she has attached bank records and an amended Schedule I
reflecting monthly income of $1,017.00. 	The court will grant the
debtor’s Motion for Reconsideration for the following reasons.
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, as amended by her Motion for
Reconsideration, reflects that she is from a household of one and
that she has a combined monthly income of $1,017.00, or
$12,204.00 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
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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 does not exceed this threshold.
3	O:\TEEL\Laura\ORDERS\Waiver of Filing Fee\Order_filing fee_waiver_grant upon motion for reconsideration_Holmes.wpd
the District of Columbia. 1 	Thus, the debtor has satisfied 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, as amended by her Motion
for Reconsideration, reflects a monthly income of $1,017.00 and
expenses of $2,370.00, 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 Motion for Reconsideration (DE No.
32) is GRANTED. 	It is further
ORDERED that the debtor’s application for waiver of the
chapter 7 filing fee (DE No. 10), as amended by the debtor’s
Motion for Reconsideration (DE No. 32) is GRANTED.
[Signed and dated above.]
Copies to: Debtor; Chapter 7 Trustee; Office of United States
Trustee.
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