Deborah Lee Burrell

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
DEBORAH LEE BURRELL,
Debtor.
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Case No. 10-00102
(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Not for Publication in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. 3). 	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 one-
person household and that she currently has a combined monthly
The document below is hereby signed.
Signed: February 19, 2010.
_____________________________
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 one-person family living in
the District of Columbia is $10,830 per year, making 150% of the
applicable poverty line $16,245. 	The debtor’s stated income is
below this threshold.
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income of $903 or $10,836 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 the District of Columbia, as required for
waiver. 1
To qualify for waiver of the filing fee, however, the debtor
must also demonstrate that she is unable to pay the fee in
installments. 	According to the debtor’s application, she has
current expenses of $685, leaving her with $218 in monthly
disposable income. 	The debtor also notes, though, that she soon
will have to move into an apartment, doubling her rent expense.
Although $218 per month is an amount sufficient to pay the filing
in installments, because the debtor expects her living expenses
to substantially increase, she will soon not have enough
disposable income to make the payments installments. 	It is thus
ORDERED that the debtor’s application for waiver of the
chapter 7 filing fee (Dkt. No. 3) is GRANTED.
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3	O:\TEEL\Garrett\Orders\Fee Waivers\Fee Waiver 1 Person Family Grant 2009 some disposable income (Deborah Burrell).wpd
[Signed and dated above.]
Copies to: Debtor; Chapter 7 Trustee; Office of United States
Trustee.
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