Lashawne C. Gates

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
LASHAWNE C. GATES,
Debtor.
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Case No. 09-00810
(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Not for Publication in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. 4). 	For the reasons explained
below, the court grants the debtor’s application.
Section 1930 of United States Code Title 28, as amended,
grants this court the power to
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 states that she is from a two-person household
that has a combined monthly income of $855.21 or $10,252.52 per
The order below is hereby signed.
Signed: September 22, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00810 Doc 15 Filed 09/22/09 Entered 09/22/09 17:58:00 Desc Main
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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 (LaShawne Gates) (edited).wpd
year. 	This is less than 150% of Health and Human Services’
poverty guideline figure 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 cannot pay the fee in installments. 	The
debtor discloses current monthly expenses of $1,904.00, leaving
her without any monthly disposable income with 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 (Dkt. No. 4) is GRANTED.
[Signed and dated above.]
Copies to: Debtor; Debtor’s Attorney; Chapter 7 Trustee; Office
of United States Trustee.
Case 09-00810 Doc 15 Filed 09/22/09 Entered 09/22/09 17:58:00 Desc Main
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