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§ 1930(f)(1)

In re Lee

Ruling
Debtor with income above 150 percent of poverty line not entitled to waiver of filing fee but allowed to make payments in installments.
Procedural posture

A debtor filed an application for a waiver of the chapter 7 filing fee pursuant to 28 U.S.C.S. § 1930(f)(1).

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Consumer opinion summary, case decided on September 12, 2008 , LexisNexis #1108-020

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

In re Stickney

Ruling
Debtor who could afford to pay filing fee in monthly installments was not entitled to waiver.
Procedural posture

The debtor filed a voluntary petition under chapter 7 and an application, pursuant to 28 U.S.C. § 1930(f)(1), for waiver of the chapter 7 filing fee. Two months after the court granted the debtor's application for waiver of the filing fee, the trustee in bankruptcy filed a motion to vacate the court's order.

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opinion summary, case decided on June 14, 2007 , LexisNexis #0707-088

In re Markison

Ruling
Reconsideration of fee waiver denied as trustee failed to inquire about possible tax refund at creditors'meeting.
Procedural posture

Movant, a chapter 7 trustee, sought reconsideration of the court's prior order denying his first motion to reconsider an order granting a fee waiver to a chapter 7 debtor under 28 U.S.C. § 1930(f)(1). At issue was whether the trustee had identified new evidence affecting the propriety of the waiver that was unavailable when the waiver was originally granted as well as any effect on the issues of Interim Fed. R. Bankr. P. 1006(b)(2).

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opinion summary, case decided on April 23, 2007 , LexisNexis #0607-018

In re Perez

Ruling
Debtors just over financial threshold for waiver of filing fee granted extension of payment schedule.
Procedural posture

The debtors filed a motion for reconsideration of the court's order denying their application for a waiver of the filing fee for their chapter 7 case under 28 U.S.C. § 1930(f)(1).

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opinion summary, case decided on February 27, 2007 , LexisNexis #0407-123

In re Bradshaw

Ruling
Application fo filing fee waiver denied where debtor had excess monthly income sufficient to pay in installments.
Procedural posture

A chapter 7 debtor filed an application asking the court to waive the bankruptcy filing fee in her case as allowed under 28 U.S.C. § 1930(f)(1). The chapter 7 trustee objected to the application, contending that the debtor had not correctly and fully disclosed her monthly income. In response to the trustee's objection, the debtor filed amended schedules and an amended fee waiver application with the court.

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opinion summary, case decided on August 25, 2006 , LexisNexis #1006-084

In re Burr

Ruling
Debtor's motion to waive filing fee requirement was denied since debtor failed to show inability to pay fee in installments.
Procedural posture

Debtor filed a pro se petition for chapter 7 bankruptcy relief. With her petition, she moved for a waiver of the applicable filing fee.

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opinion summary, case decided on June 02, 2006 , LexisNexis #0706-011

In re Hairston

Ruling
Debtor's application for waiver of the chapter 7 filing fee was denied since the debtor's filings suggested that the debtor had the resources to pay the filing fee in installments if not in full.
Procedural posture

Movant debtor filed an application for waiver of the chapter 7 filing fee pursuant to 28 U.S.C. § 1930(f)(1).

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opinion summary, case decided on January 24, 2006 , LexisNexis #0206-061