Frances Scarborough

I base this decision on the Debtor’s testimony at the August 28, 2007 hearing, which1
resulted in the entry of the September 5, 2007 dismissal order that is the subject of the Debtor’s appeal.
Her testimony satisfied me that she lacks the liquid resources to fund the expenses of the appeal. Also,
although the Debtor’s financial statement submitted in support of the Motion suggests that her monthly
income exceeds 150% of “the income official poverty line,” 28 U.S.C. §1930(f)(1), that objective
standard applies only to motions for leave to file a bankruptcy case under chapter 7 and is not conclusive
with respect to other types of IFP motions. See In re Lassina ,261 B.R. 614, 617 (Bankr. E.D. Pa. 2001).
Thus, I am satisfied that the Debtor cannot afford to fund the appeal expenses from her future monthly
income without hardship. Finally, I observe that the granting of the Motion may be a pyrrhic victory for
the Debtor. In large part, my decision to deny confirmation of the Debtor’s most recently proposed
chapter 13 plan and to dismiss the case was based on a determination that the Debtor cannot afford to
make the minimum payment required to obtain confirmation of a chapter 13 plan, which I estimated to be
approximately $445/month. See Notes of Testimony 18-20 (September 5, 2007). In other words, I was
not persuaded that the Debtor could afford to make a relatively modest monthly chapter 13 plan payment.
Her request for IFP status with respect to a $255 filing fee seems only to confirm my conclusions
regarding the Debtor’s financial inability to perform. Nevertheless, since I do not consider the appeal to
raise frivolous issues, cf. In re Smith, 1989 WL 4028, *3 (Bankr. E.D. Pa. January 19, 1989) (IFP motion
denied because appeal was frivolous), I have considered only the Debtor’s financial condition in ruling
on the Motion.
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: FRANCES SCARBOROUGH : Chapter 13
:
Debtor(s) : Bky. No. 01-35194ELF
O R D E R
AND NOW, upon consideration of the Debtor’s Motion for Leave to Proceed In Forma
Pauperis (“the Motion”) in connection with her appeal of this Court’s Order dated September 5,
2007, it is hereby ORDERED that the Motion is GRANTED.1
Date: September 28, 2007
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
cc: Frances Scarborough
5116 N. Warnock Street
Philadelphia, PA 19119141
Case 01-35194-elf Doc 296 Filed 09/28/07 Entered 10/01/07 16:00:27 Desc Main
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