John L. Denny and Sharon L. Hogan

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
JOHN L. DENNY and SHARON L.
HOGAN,
Debtors.
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Case No. 09-00841
(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Not for Publication in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 debtors have filed an application for waiver of the
chapter 7 filing fee (Dkt. No. 13). 	For reasons explained in
more detail below, the court will grant the debtors’ 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 debtors’ application reflects that they are from a two-
The order below is hereby signed.
Signed: September 28, 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.
2	O:\TEEL\Garrett\Orders\Fee Waivers\Fee Waiver 2 Person Family Grant 2009 (CoDebtors).wpd
person household and that they currently have a combined monthly
income of $0 or $0 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 two-person
household living in the District of Columbia, as required for
waiver. 1
To qualify for waiver of the filing fee, the debtors must
also demonstrate that they are unable to pay the fee in
installments. 	According to the debtors’ application, the debtors
have current expenses of $2,307.00, leaving them without any
monthly disposable income with which to pay the filing fee in
installments. 	It is thus
ORDERED that the debtors’ application for waiver of the
chapter 7 filing fee (Dkt. No. 13) is GRANTED.
[Signed and dated above.]
Copies to: Debtor; Debtor’s Attorney; Chapter 7 Trustee; Office
of United States Trustee.
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