Opinion
Case No. 98-35239-T
September 24, 2002
MEMORANDUM OPINION AND ORDER
This matter came before the court on debtor's motion to proceed in forma pauperis on her appeal to the district court of this court's August 5, 2002 opinion and order approving compensation to Kevin Lake, attorney for Sherman B. Lubman, Trustee. Section 1915(a) of title 28 authorizes a court in its discretion to allow a petitioner to proceed in forma pauperis stating:
1See In re Fitzgerald, 192 B.R. 861, 862 (Bankr. E.D. Va. 1996);Burrell v. Letterlough (In re Burrell), 150 B.R. 369, 372 (Bankr. E.D. Va. 1992).
(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 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.
In ruling on an application to proceed in forma pauperis a court should consider the poverty and good faith of the applicant and the merits of the applicant's cause. In re Fromal 151 B.R. 733, 734 (E.D. Va. 1993). A court must find that an applicant has sufficient financial need to proceed in forma pauperis. Burrell v. Letterlough (In re Burrell). 150 B.R. 369, 373 (Bankr. E.D. Va. 1992).
In her motion, debtor states that she has no substantial assets and her sole income consists of $912.00 per month in social security disability payments. In the motion debtor also states that her monthly expenses include $679.00 per month for rent and $100.00 per month in utilities.
The clerk's office charges $5.00 to notice an appeal. See 28 U.S.C. § 1930(c). In addition, a $100.00 docketing fee is charged for an appeal.
Based on the above affidavit of finances and inability to pay provided by debtor, the court finds that debtor does meet the requirements for proceeding in forma pauperis under 28 U.S.C. § 1915(a). Accordingly,
IT IS ORDERED that debtor's motion to proceed in forma pauperis is GRANTED.