Heghmann v. Indorf (In Re Heghmann)

BOROFF, U.S. Bankruptcy Appellate Panel Judge,

concurring in part and dissenting in part.

I concur in the majority’s presentation of the fact pattern and in its well-reasoned holding that a bankruptcy debtor’s appellate filing fees may be waived where the debtor demonstrates both an inability to pay the filing fees and objective good faith. I also agree that the necessary element of good faith is absent where the appeal is frivolous. Unfortunately, however, I part company with the majority’s conclusion that the appeal here can be so characterized.

The critical elements of the fact pattern, which…