LaQuita Rodgers

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
LaQUITA RODGERS,
Debtor.
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Case No. 09-00790
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER GRANTING
APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE
The debtor has filed an application for waiver of the
chapter 7 filing fee (Dkt. No. 7). 	For reasons explained in more
detail below, the court will grant the debtor’s application.
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-
The document below is hereby signed.
Signed: September 14, 2009.
_____________________________
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 2009 HHS
guidelines, the poverty line for a two-person family living in
the District of Columbia is $14,570.00 per year, making 150% of
the applicable poverty line $21,855.00. 	The debtor’s stated
income is below this threshold.
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person household and that she currently has a combined monthly
income of $336.00 or $4,032.00per 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, as required for
waiver. 1
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 current expenses of $336.00, leaving the debtor with only $6
in monthly disposable income. 	Federal Rule of Bankruptcy
Procedure 1006 allows for the paying of filing fees in
installments. 	However, this rule provides that installments can
only be made over a period of 120 days, in a maximum of four
installments. 	Over the course of four months, the debtor would
only have $36 in disposable income with which to pay the fee.
The filing fee in a chapter 7 case is $299. 	Accordingly, the
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3	O:\TEEL\Garrett\Orders\Fee Waivers\Fee Waiver 2 Person Family with Disposable Income Grant 2009 (Rodgers).wpd
court finds that the debtor is unable to pay the fee in
installments. 	It is thus
ORDERED that the debtor’s application for waiver of the
chapter 7 filing fee (Dkt. No. 7) is GRANTED.
[Signed and dated above.]
Copies to: Debtor; Debtor’s Attorney; Chapter 7 Trustee; Office
of United States Trustee.
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