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In re Lephew (Case No. 07-71468) 11/9/2007

Debtors' application for waiver of filing fee under section 1930(f) denied as debtors had the financial means to pay the filing fee at the time of filing the petition.  The debtors no longer had the funds on hand at the time of the hearing on the application.  The Court found that to waive the filing fee for debtors who had, at the time of filing their application, the ability to pay the filing fee, but elected to use such funds beyond the immediate necessary support of themselves and their dependents, would constitute an abuse of the bankruptcy system.

Date: 
Friday, November 9, 2007
Category: 
Burden of Proof
In forma Pauperis
Chapter: 
7