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In re Duroser

United States District Court, N.D. Georgia, Atlanta Division

July 2, 2015

IN RE: BARBARA DUROSER, a/k/a BARBARA DUROSIER

OPINION AND ORDER

WILLIAM S. DUFFEY, Jr., District Judge.

This matter is before the Court on Barbara Duroser's ("Appellant" or "Debtor") Appeal [1.3] and Amended Appeal [2.3] from the April 28, and May 19, 2015, Orders of the United States Bankruptcy Court for the Northern District of Georgia. In its April 28th Order [Bankr. 9], [1] the Bankruptcy Court denied Debtor's Application for Waiver of the Chapter 7 Filing Fee and directed her to pay the filing fee, in full, within ten (10) days. In its May 19th Order [Bankr. 12], the Bankruptcy Court dismissed Debtor's bankruptcy petition for failure to pay the filing fee.

Also before the Court is Debtor's "Affidavit of Indigence Pursuant to 28 U.S.C. ยง 1915, " which the Court construes as an Application to Appeal in forma pauperis ("IFP Application") [2.5].

I. BACKGROUND

Debtor has a lengthy litigation history in this Court and the Bankruptcy Court. In addition to her current appeal in this bankruptcy action, Debtor, pro se and seeking to proceed in forma pauperis ("IFP"), has initiated no fewer than nine (9) cases in this Court, all of which have been dismissed as frivolous or for failure to comply with a court order.[2] Debtor has also filed at least five (5) previous petitions for relief under the United States Bankruptcy Code:

On November 23, 2009, Debtor filed a Chapter 13 bankruptcy petition and the Bankruptcy Court permitted Debtor to pay the filing fee in installments. On January 14, 2010, Debtor's petition was dismissed for failure to timely pay the second installment payment. In re Durosier, No. 09-90959 (Bankr. N.D.Ga.).

On October 28, 2010, Debtor filed a Chapter 7 bankruptcy petition. On November 3, 2010, before her motion to waive the filing fee was decided, Debtor voluntarily dismissed her case. In re Durosier, No. 10-92028 (Bankr. N.D.Ga.).[3]

On April 14, 2011, Debtor filed a Chapter 13 bankruptcy petition. On April 18, 2011, the Bankruptcy Court denied Debtor's application to pay the filing fee in installments, based on Debtor's failure to pay the filing fees in her prior cases. On April 26, 2011, Debtor's case was converted to Chapter 7 and on June 1, 2011, the Court granted Debtor's application to waive the filing fee. On June 24, 2011, Debtor's case was dismissed for twice failing to appear for the meeting of creditors. In re Durosier, No. 11-61625 (Bankr. N.D.Ga.).

On October 3, 2013, Debtor filed a Chapter 13 bankruptcy petition. On October 7, 2013, the Bankruptcy Court denied her application to pay the filing fee in installments, again based on Debtor's failure to pay the filing fees in her prior cases. On October 15, 2013, Debtor paid the filing fee in full. On October 25, 2013, she voluntarily dismissed her case. In re Durosier, No. 13-71795 (Bankr. N.D.Ga.).

On January 21, 2015, Debtor filed a Chapter 7 petition. On January 26, 2015, the Bankruptcy Court denied her application to waive the filing fee, finding that Debtor did not qualify for waiver of the filing fee and that she owes outstanding filing fees from her several previous cases, and ordered Debtor to pay the filing fee within ten (10) days. Debtor did not pay the filing fee and, instead, filed two (2) motions for reconsideration. On February 16, 2015, the Bankruptcy Court, having found that Debtor still owes outstanding filing fees from at least two earlier cases, Nos. 09-90959 and 10-92028, denied Debtor's motions for reconsideration. In re Duroser, No. 15-51210 (Bankr. N.D.Ga.). On April 15, 2015, the Bankruptcy Court sent Debtor a letter, which states:

A review of the Court's financial records disclosed that there is an outstanding filing fee of $335.00 for the bankruptcy case filed by you on January 21, 2015. Upon the filing of a bankruptcy case, the debtor is responsible for the entire filing fee, regardless of the disposition of the case. Pursuant to Federal Rules of Bankruptcy Procedure, Rule 1006, the outstanding balance on the filing fee remains payable to the Clerk of Court.

Id. at Doc. 26.

On April 22, 2015, Debtor filed her Chapter 7 bankruptcy petition in this action. On April 28, 2015, the Bankruptcy Court entered its order denying Debtor's Application for Waiver of the Chapter 7 Filing Fee. The Bankruptcy Court found that "Debtor does not qualify for a waiver of the filing fee" because "Debtor previously filed case nos. 15-51210-CRM, 10-92028-MHM, and 09-90959-MHM, " and "Debtor owes outstanding filing fees from those cases." (April 28th Order [Bankr. 9] at 1). The Bankruptcy Court ordered Debtor to pay the Chapter 7 filing fee in full within ten (10) days, and advised that "[i]f Debtor fails to timely pay the filing fee... this case may be dismissed without opportunity for hearing." (Id. at 2).

Debtor failed to pay the filing fee or otherwise respond to the Bankruptcy Court's April 28th Order, and on May 19, 2015, the Bankruptcy Court dismissed Debtor's bankruptcy petition for failure ...


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