Dawn Yolanda Mixon

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
DAWN YOLANDA MIXON,
Debtor.
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Case No. 09-00237
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER GRANTING DEBTOR’S
APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE
The debtor has filed an application for waiver of the
chapter 7 filing fee (Docket Entry No. 4). 	As explained in more
detail below, the court will grant the application for waiver.
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 debtor’s application failed to state the
debtor’s combined monthly income (stating only that the debtor’s
The document below is hereby signed.
Signed: May 21, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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1 	The debtor’s application fails to specify the size of the
debtor’s family. 	For purposes of disposing of the debtor’s
application, however, the court will assume that the debtor has
no dependents. 	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
dependents have no monthly net income), the debtor has clarified
in a subsequent filing (DE No. 20) that she has no monthly
income. 	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. 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. 	According to the debtor’s application, the debtor
has no expenses, but given her lack of income, she is still left
without any 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. 4) is GRANTED.
Case 09-00237 Doc 25 Filed 05/21/09 Entered 05/21/09 15:12:56 Desc Main
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3	O:\TEEL\Laura\ORDERS\Waiver of Filing Fee\Order_filing fee_waiver_grant_Mixon.wpd
[Signed and dated above.]
Copies to: Debtor; Chapter 7 Trustee; Office of United States Trustee.
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