Coleman v. National Community Reinvestment Coalition

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
ELLIOTTE PATRICK COLEMAN,
Debtor.
____________________________
ELLIOTTE PATRICK COLEMAN,
Plaintiff,
v.
NATIONAL COMMUNITY
REINVESTMENT COALITION,
Defendant.
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Case No. 06-00254
(Chapter 13)
Adversary Proceeding No.
07-10023
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER
DENYING MOTION TO PROCEED IN FORMA PAUPERIS
The plaintiff, Elliotte Patrick Coleman, has filed a notice
of appeal (Dkt. No. 127) and a related motion to proceed in forma
pauperis (Dkt. No. 130). 	The court will deny the plaintiff’s
motion without prejudice to the plaintiff’s right to file a
renewed motion that includes the appropriate affidavit regarding
his assets and ability to pay the fee.
As this court has previously observed, courts are divided
The document below is hereby signed.
Signed: July 25, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-10023 Doc 133 Filed 07/26/10 Entered 07/26/10 13:54:57 Desc Main
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regarding whether a bankruptcy court has the power to grant a
motion to proceed in forma pauperis under 28 U.S.C. § 1915. 1 	See
In re Richmond, 247 Fed. Appx. 831, at *1-2 (7th Cir. 2007).
Even if the court does generally have the power to grant such
motions, however, § 1915(a)(1) requires any party seeking to
proceed without prepayment of fees to “submit an affidavit that
includes a statement of all assets [he] possesses [and] that [he]
is unable to pay such fees or give security therefor.” 	Although
the plaintiff represents that he is “not employed in manner to
afford fee at this time,” that is not sufficient to establish
financial eligibility to proceed in forma pauperis under
§ 1915(a). 2 	It is thus
ORDERED that the plaintiff’s motion to proceed in forma
pauperis (Dkt. No. 130) is DENIED without prejudice to the filing
of a renewed motion to proceed in forma pauperis that includes an
affidavit that satisfies the requirements of 28 U.S.C.
§ 1915(a)(1). 	It is further
1 	Section 1915 of 28 U.S.C. authorizes the waiver of fees
by “any court of the United States.” 	Courts disagree over
whether a bankruptcy court is a “court of the United States”
within the meaning of that statute.
2 	Under 28 U.S.C. § 1930(f), the court has additional
authority to waive fees in the case of a chapter 7 debtor whose
income is less than 150 percent of the income official poverty
line, and who is unable to pay the fee in installments. 	Mr.
Coleman’s main bankruptcy case, however, was a case under chapter
13 of the Bankruptcy Code (11 U.S.C.), and the court thus lacks
the authority to waive the notice of appeal fee under 28 U.S.C.
§ 1930(f).
2
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ORDERED that if the debtor fails, within 14 days after entry
of this order, to file a renewed motion that properly includes a
28 U.S.C. § 1915(a)(1) affidavit, the court shall direct the
clerk to transmit a copy of this order to the clerk of the
district court so that the district court is aware of the
debtor’s failure to comply with Rule 8001(a), which requires that
a notice of appeal be accompanied by the prescribed fee.
[Signed and dated above.]
Copies to: All parties and counsel of record.
3	O:\TEEL\LSO\ORDERS\Appeals\Order_deny waiver of fee_Coleman v NCRC_v2.wpd
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