Kulikowski v. Stringer

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
In re: 	:
VICKIE MICHELLE STRINGER, 	: 	Case No. 26-50153
: 	Chapter 13
Debtor. 	: 	Judge Nami Khorrami
_______________________________________________________________________
ANDREA KULIKOWSKI, 	:
:
Plaintiff, 	:
:
v. 	: 	Adv. Pro. No. 26-02025
:
VICKIE MICHELLE STRINGER, 	:
:
Defendant. 	:
ORDER DENYING REQUEST TO WAIVE ADVERSARY FILING FEE (DKT. NO. 2)
I. 	Introduction
________________________________________________________________
This document has been electronically entered in the records of the United
States Bankruptcy Court for the Southern District of Ohio.
IT IS SO ORDERED.
Dated: April 6, 2026
Case 2:26-ap-02025 Doc 4 Filed 04/06/26 Entered 04/06/26 14:45:39 Desc Main
Document Page 1 of 6

2
Before the Court is the Request to Waive Adversary Filing Fee (Dkt. No. 2) (the “Request)
filed by Plaintiff, Andrea Kulikowski (“Plaintiff”). Plaintiff seeks a waiver of the filing fee that is
assessed by the clerk of court with respect to the filing of the Complaint to Determine
Dischargeability of Debt (Dkt. No. 1) on the bases that Plaintiff does not have the financial ability
to pay the filing fee and payment of same will cause her financial hardship. For the reasons stated,
the Request is denied without prejudice.
II. 	Jurisdiction
This Court has jurisdiction over the Request under 28 U.S.C. § 1334(b) and Amended
General Order 05-02 entered by the United States District Court for the Southern District of Ohio,
referring all bankruptcy matters to this Court. 	This is a core proceeding under 28 U.S.C.
§ 157(b)(2)(A) and (O). Venue is proper in this Court under 28 U.S.C. §§ 1408 and 1409.
III. 	Analysis
Generally, litigants that initiate an adversary proceeding must pay a filing fee when the
complaint is filed with the clerk of the bankruptcy court. 	Colebrook v. Thompson (In re
Thompson), Case No. 3:23-bk-04259, Ch. 7, Adv. Proc. No. 3:24-ap-90025, 2024 Bankr. LEXIS
1026, *2 (Bankr. M.D. Tenn. Apr. 29, 2024). 	28 U.S.C. § 1930 governs the fees related to
bankruptcy cases including adversary proceedings. More specifically, “[s]ection 1930(b) of title
28 of the United States Code permits the Judicial Conference to set fees for filings made by
creditors in bankruptcy cases and proceedings.” Boles v. Collins (In re Collins), Chapter 7, Case
No. 17-10049 (MEW), Adv. Pro. No. 17-1015 (MEW), 2017 Bankr. LEXIS 651, *2 (Bankr.
S.D.N.Y. Mar. 10, 2017) (footnote omitted). 	Moreover, 28 U.S.C. § 1930(f)(3)1 “contemplates
1 Section 28 U.S.C. § 1930(f) provides as follows:
(f)
Case 2:26-ap-02025 Doc 4 Filed 04/06/26 Entered 04/06/26 14:45:39 Desc Main
Document Page 2 of 6

3
that a bankruptcy court may waive fees for filings by creditors in accordance with policies of the
Judicial Conference.” Boles v. Collins (In re Collins), 2017 Bankr. LEXIS 651, *2. The Judicial
Conference, however, has not issued a policy on the waiver of fees for creditors. J UD . C ONF . OF
THE 	U.S., 	B ANKR . 	FEE 	C OMPENDIUM 	III 	§ 	G(3), 	at 	63 	n.265 	(June 	2014),
https://www.ohnb.uscourts.gov/file-list/fee-compendium-0. Because of the lack of policy, courts
have differed in determining whether some fees can be waived by the bankruptcy court and
whether 28 U.S.C. § 1930(f)(3) is appropriate for doing so or if 28 U.S.C. § 1915(a)2 which
governs proceedings in forma pauperis should be applied.
Some courts have determined that they lack the ability to waive fees under 28 U.S.C.
§ 1930(f)(3) without discussing whether any other authority exists for granting a waiver. See Smith
v. LeGare (In re LeGare), Case No.: 13-32542, Ch. 7, Adv. Pro. No. 13-3093, 2013 Bankr. LEXIS
(1) Under the procedures prescribed by the Judicial Conference of the United States, the
district court or the bankruptcy court may waive the filing fee in a case under chapter 7 of title 11
for an individual if the court determines that such individual has income less than 150 percent of the
income official poverty line (as defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981)
applicable to a family of the size involved and is unable to pay that fee in installments. For purposes
of this paragraph, the term “filing fee” means the filing fee required by subsection (a), or any other
fee prescribed by the Judicial Conference under subsections (b) and (c) that is payable to the clerk
upon the commencement of a case under chapter 7.
(2) The district court or the bankruptcy court may waive for such debtors other fees prescribed
under subsections (b) and (c).
(3) This subsection does not restrict the district court or the bankruptcy court from waiving, in
accordance with Judicial Conference policy, fees prescribed under this section for other debtors and
creditors.
2 28 U.S.C. § 1915(a) provides in pertinent part as follows:
(a)
(1) Subject to subsection (b), any court of the United States may authorize the commencement,
prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without
prepayment of fees or security therefor, by a person who submits an affidavit that includes a
statement of all assets such prisoner [person] possesses that the person is unable to pay such fees or
give security therefor. Such affidavit shall state the nature of the action, defense or appeal and
affiant’s belief that the person is entitled to redress.
28 U.S.C. § 1915(a)(1).
Case 2:26-ap-02025 Doc 4 Filed 04/06/26 Entered 04/06/26 14:45:39 Desc Main
Document Page 3 of 6

4
4064, *4 (Bankr. N.D. Ohio Sept. 26, 2013) (“Based upon the statute and statements regarding the
lack of any Judicial Conference policy, the court concludes that it lacks authority to waive the
filing fee for a creditor commencing an adversary proceeding.”); In re Atna Res., Inc., 576 B.R.
214, 223 (Bankr. D. Colo. 2017) (noting that 28 U.S.C. § 1930(f)(3) does not grant authority to
waive fees, but instead is a statement that the subsection does not restrict the waiving of fees under
other sections); compare In re Hunt, Case No. 18-10802 Section A, Involuntary Ch. 7, 2018 Bankr.
LEXIS 2164, *12 (Bankr. E.D. La. July 24, 2018) (holding that the court has discretion under 28
U.S.C. § 1930(f)(3) to waive the filing fee owed by a petitioning creditor in an involuntary chapter
7 case); In re Grodsky, Civil Action No. 19-14801 Section I, 2020 U.S. Dist. LEXIS 43640, *9
(E.D. La. March 13, 2020) (agreeing with other courts “that the district courts and bankruptcy
courts have authority to waive the filing fee for creditors” while also noting that “[a]lthough the
Judicial Conference does not currently have a specific policy or procedure with respect to fee
waivers for ‘other debtors and creditors,’ there is no policy that prohibits a district court or
bankruptcy court from waiving the prescribed filing fee for creditors”).
Some courts that have found that they lack authority to grant waivers under 28 U.S.C. §
1930(f)(3) have found authority to do so under 28 U.S.C. § 1915(a). See Boles v. Collins (In re
Collins), Chapter 7, Case No. 17-10049 (MEW), Adv. Pro. No. 17-1015 (MEW), 2017 Bankr.
LEXIS 651, *5 (Bankr. S.D.N.Y. Mar. 10, 2017) (holding that “the referral of bankruptcy cases
and related proceedings from the district court to this Court carries with it the power to grant in
forma pauperis relief”); Colebrook v. Thompson (In re Thompson), Case No. 3:23-bk-04259,
Chapter 7, Adv. Proc. No. 3:24-ap-90025, 2024 Bankr. LEXIS 1026, *4-6 (Bankr. M.D. Tenn.
Apr. 29, 2024) (applying 28 U.S.C. § 1915(a) to determine waiver of creditor-plaintiff’s adversary
filing fee), aff’d 668 B.R. 156 (B.A.P. 6th Cir. 2025); In re Richmond, 247 Fed. App’x 831, 832
Case 2:26-ap-02025 Doc 4 Filed 04/06/26 Entered 04/06/26 14:45:39 Desc Main
Document Page 4 of 6

5
(7th Cir. 2007) (finding that 28 U.S.C. § 1915(a)(1) may be applied by a bankruptcy court to grant
a waiver but also noting that under the recently enacted Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005, which added 28 U.S.C. § 1930(f) but it had not yet taken effect,
“the bankruptcy and district courts clearly have the authority to allow creditors to proceed in forma
pauperis”).
Plaintiff has not specified whether she is requesting a waiver of the filing fee under 28
U.S.C. § 1930(f)(3) or § 1915. Nonetheless, this Court concludes that it has authority to consider
Plaintiff’s request whether it be specifically based under 28 U.S.C. § 1930(f)(3) or § 1915 because
it ultimately impacts Plaintiff’s access to justice. And this Court is of the opinion that the better
policy is to permit individuals who appear before this Court the same ability as a debtor to show
that they are indigent and unable to pay certain fees. Moreover, the fundamental question under
either section is whether the party requesting waiver of a filing fee has the ability to pay that fee.
See In re Ray, Chapter 7, Case No. 16-40111, 2016 Bankr. LEXIS 2184, *4 (Bankr. S.D. Ga. June
1, 2016) (holding that “[u]nder both § 1915(a) and BAPCPA, the threshold question is whether
the debtor can pay the fee” when ruling on an application of a chapter 7 debtor to waive the fee for
filing an appeal). 	In this case, however, Plaintiff has not properly supported the Request with
sufficient information regarding her ability to pay.
“[A] creditor seeking in forma pauperis status must provide a declaration or affidavit that
sets forth the financial information required to allow the Court to determine whether the creditor
may proceed with the adversary proceeding without prepayment of the filing fee. Boles v. Collins
(In re Collins), 2017 Bankr. LEXIS 651, at *12-13. 	Here, the Request contains the following
statement regarding Plaintiff’s financial condition and ability to pay the filing fee: “Plaintiff is
proceeding pro se and does not have the financial ability to pay the filing fee at this time.” Req.
Case 2:26-ap-02025 Doc 4 Filed 04/06/26 Entered 04/06/26 14:45:39 Desc Main
Document Page 5 of 6

6
1, Dkt. No. 2. Proceeding pro se is not necessarily indicative of a person’s inability to pay a filing
fee. Furthermore, this statement lacks sufficient specificity for the Court to determine what if any
assets Plaintiff possesses, including what if any income Plaintiff receives. 	The Request is thus
denied without prejudice to Plaintiff renewing her request to have the filing fee waived.3
IV. 	Conclusion
Based on the reasons stated here, it is ORDERED that the Request to Waive Adversary
Filing Fee (Dkt. No. 2) is hereby DENIED without prejudice.
IT IS SO ORDERED.
Copies to:
Andrea Kulikowski, 476 E. Sycamore St., Columbus, OH 43206
Plaintiff
Vickie Michelle Stringer, 3124 Genevieve Drive, Columbus, OH 43219
Defendant
3 Any future request to waive the filing fee in this adversary proceeding must contain an affidavit or sworn statement
that includes a factual foundation supporting the assertion of poverty. The Administrative Office of the U.S. Courts
has developed Official Form 103B to permit debtors to request a waiver of the filing fee associated with the bankruptcy
petition, and although Plaintiff is not the debtor in this bankruptcy case, the Court believes the same information
should be provided by Plaintiff should the waiver-request be renewed. A copy of Official Form 103B may be found
at the following website: https://www.uscourts.gov/forms-rules/forms/application-have-chapter-7-filing-fee-waived-
0.
Case 2:26-ap-02025 Doc 4 Filed 04/06/26 Entered 04/06/26 14:45:39 Desc Main
Document Page 6 of 6