Legal Opinion
In re Gjerde
United States Bankruptcy Court, E.D. California
Decided August 17, 2015No. Case No. 15-11520-C-7PublishedCited by 3 opinions
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge:
The court “may waive” the chapter 7 case filing fee by virtue of 28 U.S.C. § 1930(f)(1) for individuals whose income is below a designated threshold and who are unable to pay the filing fee in installments. The case law on § 1930(f)(1) applies a “totality-of-circumstanees” approach to the waiver decision, focusing mainly on ability to pay. This case holds that bad bankruptcy conduct may suffice to defeat a fee waiver for an otherwise-eligible debtor. It also draws attention to the role of the discharge suspension mandated by Federal Rule of Bankruptcy Procedure…
2Cases cited4 opinions
- In Re BurrUnited States Bankruptcy Court, W.D. New York · 2006
- In Re StickneyUnited States Bankruptcy Court, D. New Hampshire · 2007
- In Re MacHiaUnited States Bankruptcy Court, D. Vermont · 2007
- In Re SpisakUnited States Bankruptcy Court, D. Vermont · 2007
3Cited by3 opinions
- In re: Donald Alfred GilsvikUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2025
- In re: Shanika S. HayesUnited States Bankruptcy Court, W.D. Michigan · 2018
- Refugio VasquezUnited States Bankruptcy Court, C.D. California · 2020