In Re: Lebbos

Filing 7

ORDER signed by Senior Judge Lawrence K. Karlton on 9/8/09 GRANTING 5 Motion to Proceed IFP. (Engbretson, K.)

1 2 3 4 5 6 7 8 9 IN RE: BETSEY WARREN LEBBOS, 10 Debtor. 11 U.S. TRUSTEE, 12 13 14 15 16 Defendant. 17 18 19 20 21 22 23 24 25 26 / Defendant/appellant is proceeding pro se in this bankruptcy appeal, and has requested leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915. The district court may v. BETSEY WARREN LEBBOS, Plaintiff, ORDER NO. CIV. S-09-1252 LKK / UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

authorize the appeal of an action "without prepayment of fees or security therefor" by an individual who submits an affidavit demonstrating her inability to pay such fees or give such security. 28 U.S.C. § 1915(a). Before turning to appellant's financial condition, the court notes that this is only one of many bankruptcy appeals she has 1

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filed.

This court is aware of two prior requests to proceed IFP,

both of which were denied for reasons unrelated to appellant's finances. In In re Lebbos, No. 8-0440 FCD KJM (E.D. Cal.),

appellant's IFP application was denied because the bankruptcy court from which the appeal arose certified that the appeal was taken in bad faith, pursuant to 28 U.S.C. § 1915(a)(3), thereby depriving the district court of the ability to award IFP status. See Case

No. 08-0440 Doc. No. 9 (Notice entered April 2, 2008), Doc. No. 11 (Order of April 2, 2008). Later in that case, appellant sought

further appeal to the Ninth Circuit, and filed a renewed IFP application in connection with that appeal. 2008). Doc. No. 52 (July 17,

The Ninth Circuit concluded that the appeal was of an

interlocutory order, such that the circuit lacked jurisdiction, and therefore denied the IFP application. Ninth Circuit Case No. 08-

16577, Doc. No. 7 (Order of November 4, 2008). In the present appeal, there has been no certification that the appeal is taken in bad faith, nor is a lack of jurisdiction or similar defect yet apparent. Accordingly, the court turns to Appellant declares that each

appellant's financial condition.

month, she earns $1,000 in income, receives $846 in disability payments, and pays $1,870 in expenses, including $450 in "medical and dental expenses." Appellant further declares that her savings The court finds that appellant's cash, and assets demonstrate

amount to approximately $600. statements concerning income,

inability to prepay the $455.00 in filing fees. //// 2

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Accordingly, the court GRANTS the appellant's motion proceed in forma pauperis, Doc. No. 5. IT IS SO ORDERED. DATED: September 8, 2009.

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