In Re Burr
United States Bankruptcy Court, W.D. New York
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
In this case under chapter 7 of the Bankruptcy Code, the debtor asks that the court waive the payment of her filing fee. Although the debtor’s level of personal income may satisfy the minimum eligibility for status in forma pauperis, the totality of circumstances compels the denial of her request.
In United States v. Kras, 409 U.S. 434, 93 S.Ct. 631, 34 L.Ed.2d 626 (1973), the Supreme Court found no constitutional barrier to the requirement for payment of a filing fee as a condition for access to the bankruptcy system. Indeed, prior to October 17, 2005, the…
2Cases cited3 opinions
- United States v. KrasSupreme Court of the United States · 1973
- In Re ClarkUnited States Bankruptcy Court, W.D. Tennessee · 1994
- In Re StephensonUnited States Bankruptcy Court, E.D. Pennsylvania · 1997
3Cited by13 opinions
- In Re StickneyUnited States Bankruptcy Court, D. New Hampshire · 2007
- In Re KauffmanUnited States Bankruptcy Court, D. Vermont · 2006
- In Re MacHiaUnited States Bankruptcy Court, D. Vermont · 2007
- In Re SpisakUnited States Bankruptcy Court, D. Vermont · 2007
- In Re BradshawUnited States Bankruptcy Court, E.D. Tennessee · 2006
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