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§ 1930

In re Rock

Ruling
Debtor without ability to pay filing fee, even in installments, granted waiver.
Procedural posture

A debtor filed an application to proceed in forma pauperis and to waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).

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Consumer opinion summary, case decided on March 07, 2008 , LexisNexis #0408-130

In re Metcalf

Ruling
Debtor with monthly surplus of $21 granted waiver of filing fee.
Procedural posture

A debtor filed an application to proceed in forma pauperis and waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).

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Consumer opinion summary, case decided on March 07, 2008 , LexisNexis #0408-129

In re Moynahan

Ruling
Debtor not entitled to waiver of filing fee upon refiling to correct defect in original petition.
Procedural posture

A debtor filed a motion to dismiss his chapter 7 bankruptcy case and to waive the additional filing fee upon refiling.

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Consumer opinion summary, case decided on January 11, 2008 , LexisNexis #0308023

In re Lephew

Ruling
Debtors with income below 150% of poverty line who had filing fee at petition date but spent the funds prior to hearing denied waiver.
Procedural posture

Chapter 7 debtors filed an application for a waiver of the chapter 7 filing fee pursuant to 28 U.S.C. § 1930(f).

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Consumer opinion summary, case decided on November 09, 2007 , LexisNexis #0208-064

In re McFarland

Ruling
Debtor below 150% of poverty threshold and with monthly shortfall granted waiver of chapter 7 filing fee.
Procedural posture

A debtor filed an application to waive the chapter 7 filing fee and proceed in forma pauperis, pursuant to 28 U.S.C. § 1930(f).

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Consumer opinion summary, case decided on October 25, 2007 , LexisNexis #1107-126

In re Sgaverdea

Ruling
Quarterly fees for small business debtor were to be calculated based on disbursements regardless of source, including ordinary business expenses.
Procedural posture

In connection with confirmation proceedings relative to a plan proposed by debtor, an individual who had filed a small business chapter 11 bankruptcy, debtor and the U.S. Trustee sought a ruling from the court as to whether fees owed to the trustee post-confirmation under 28 U.S.C. § 1930(a)(6) were to be calculated as a percentage of all of debtor's disbursements.

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Commercial opinion summary, case decided on October 23, 2007 , LexisNexis #1107-125

In re Fleming

Ruling
Debtors at 150% of poverty threshold entitled to waiver of filing fee.
Procedural posture

The debtors filed an application to waive the chapter 7 filing fee and proceed in forma pauperis, pursuant to 28 U.S.C. § 1930(f).

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Consumer opinion summary, case decided on October 09, 2007 , LexisNexis #1107-094

In re Phillips

Ruling
Debtor who claimed non-necessary expenses and received tax refund not entitled to waiver of filing fee.
Procedural posture

Debtors'filed an application for a waiver of a chapter 7 filing fee, pursuant to 28 U.S.C. § 1930(f).

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Consumer opinion summary, case decided on August 20, 2007 , LexisNexis #1007-059

In re Jones

Ruling
Impoverished debtor granted waiver of filing fee.
Procedural posture

The debtor filed an application for waiver of the chapter 7 filing fee.

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opinion summary, case decided on July 25, 2007 , LexisNexis #0807-124

In re Eadie

Ruling
Debtor whose income exceeded poverty guidelines was not entitled to waiver of filing fee.
Procedural posture

The debtor filed with her petition an application for waiver of the chapter 7 filing fee, claiming qualification under 28 U.S.C. § 1930(f). That section permitted the court to waive the filing fee if, inter alia, the debtor had income less than 150 percent of the income official poverty line.

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opinion summary, case decided on July 24, 2007 , LexisNexis #0807-126