Sindram v. United States Marshal Service et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MICHAEL JOSEPH SINDRAM,
Debtor.
____________________________
MICHAEL JOSEPH SINDRAM,
Plaintiff,
v.
UNITED STATES MARSHAL
SERVICE, et al.,
Defendants.
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Case No. 08-00559
(Chapter 7)
Adversary Proceeding No.
09-10041
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING
APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES
The debtor has filed a notice of appeal (Dkt. No. 23) from
this court’s judgment dismissing this adversary proceeding (Dkt.
No 18). 	The clerk’s office issued a notice advising the debtor
of his failure to pay the appeal fee, as required, and the debtor
responded by the filing of an application to proceed without
prepayment of fees (Dkt. No. 26). 	The court will deny the
debtor’s application without prejudice to the debtor’s right to
The order below is hereby signed.
Signed: June 12, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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renew his request with the district court.
As this court has previously observed, courts are divided
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). 	As
to the notice of appeal fee, the question of whether this court
has the power to grant the debtor’s motion under § 1915 is
largely academic because under the Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005, the court now has the power
to waive filing fees for a chapter 7 debtor whose income falls
below a certain level and who has demonstrated an inability to
pay the fee in full or in installments. 	See 28 U.S.C.
§ 1930(f)(1)-(2). 	This court previously granted the debtor’s
request for waiver of the chapter 7 filing fee in the main
bankruptcy case. 	Similarly, in support of his application to
proceed without prepayment of fees, the debtor has submitted an
affidavit demonstrating that he is not currently employed, that
his real property is scheduled to be sold at a foreclosure sale,
that his income level falls below 150% of the applicable poverty
guideline for a one-person household in the District of Columbia,
and that he is unable to pay the fee in full or in installments.
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
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As such, under § 1930(f), the court has the power to waive the
filing fee that was triggered by the debtor’s filing of a notice
of appeal.
The court’s power to waive the fee when a debtor otherwise
qualifies for waiver under 28 U.S.C. § 1930(f) is discretionary.
Thus, although the court has the power to waive the filing fee,
it is not required to do so. 	The court finds that the debtor’s
appeal lacks merit, and the court, in the exercise of its
discretion, will deny the debtor’s motion for waiver of the
filing fee. 	Moreover, pursuant to § 1915(a)(3), “[a]n appeal may
not be taken in forma pauperis if the trial court certifies in
writing that it is not taken in good faith.” 	The court finds
that the debtor’s appeal is entirely without merit, and the court
thus certifies that the appeal is not taken in good faith. 	It
follows that, even if this court generally has the power to waive
fees under 28 U.S.C. § 1915(a), the debtor would not be permitted
to proceed with this appeal in forma pauperis in accordance with
§ 1915(a)(3). 	It is thus
ORDERED that the debtor’s Application to Proceed Without
Prepayment of Fees (Dkt. No. 26) is DENIED without prejudice to
renewal of the debtor’s request in the district court. 	It is
further
ORDERED that the clerk shall transmit a copy of this order
to the clerk of the district court so that the district court is
3
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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: Debtor; Chapter 7 Trustee; Office of United States
Trustee.
4	O:\TEEL\LSO\ORDERS\Appeals\Order_deny waiver of fee_Sindram v USM.wpd
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