Contact:
w:st='on'>Carolyn Kanon
(703) 739-0800
ckanon@abiworld.org
CREDITORS CAN
BRING ADVERSARY PROCEEDINGS IN FORMA PAUPERIS, ACCORDING TO MAJORITY IN
LATEST ABI POLL
size='3'>June 30, 2006, Alexandria, Va.
size='3'>— A majority of respondents to a recent American
Bankruptcy Institute online poll agreed that creditors have a right to
proceed in forma
pauperis in an adversary proceeding pursuant
to 28 USC 1915(a), which provides that any court of the
size='3'>may authorize any proceeding by a person who is unable to pay
the filing fee
size='3'>. Of the majority of respondents, 33
percent “strongly agreed” and 21 percent “somewhat
agreed” that creditors have a right to proceed in a proceeding in
which the debtor cannot afford the filing fee.
Conversely, 25 percent of
respondents “disagreed strongly” and another 6 percent
“disagreed somewhat” that creditors should be allowed to
proceed with a bankruptcy case in which the person cannot afford the
filing fee. Fourteen percent of the respondents did not know or had no
opinion on the issue. The right of debtors to proceed
face='Times New Roman' size='3'>in forma pauperis
size='3'>was expanded by the 2005 amendments to the
Code.
ABI membership and
members of the public were welcome to submit their response to the
statement: “Question:
size='3'>Creditors have a right to proceed in forma pauperis in an
adversary proceeding pursuant to 28 USC 1915(a), which provides that any
court of the U.S. may authorize any proceeding by a person who is unable
to pay the filing fee.” The latest ABI
Quick Poll was open for voting to the public and ABI members from June
23 – June 29.
The ABI Quick Poll is posted on
ABI’s home page,
face='Times New Roman' color='#800080'
size='3'>www.abiworld.org
size='3'>. ABI members and the public are invited to respond to a
question on a timely bankruptcy or insolvency issue. Visit
href='http://www.abiworld.net/quickpoll/'>
color='#0000ff' size='3'>http://www.abiworld.net/quickpoll/
to access the results of previous
ABI Quick Polls.
###
ABI is the largest
multi-disciplinary, nonpartisan organization dedicated to research and
education on matters related to insolvency. ABI was founded in 1982 to
provide Congress and the public with unbiased analysis of bankruptcy
issues. The ABI membership includes more than 11,500 attorneys,
accountants, bankers, judges, professors, lenders, turnaround
specialists and other bankruptcy professionals, providing a forum for
the exchange of ideas and information. For additional information on
ABI, visit www.abiworld.org. For additional conference information,
visit
face='Times New Roman' color='#0000ff'
size='3'>http://www.abiworld.org/conferences.html
face='Times New Roman' size='3'>.