Harewood v. Sarah Allen Home for the Aged, Inc. (In Re Sarah Allen Home for the Aged, Inc.)

MEMORANDUM OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether an indigent party who brings an adversary complaint in a pending bankruptcy proceeding, under either the Bankruptcy Act (“the Act”) or the Bankruptcy Code (“the Code”), may proceed without the payment of filing fees, that is, in forma pauperis. For the reasons given below, we conclude that such a party, who satisfies the normal requirements for in forma pauperis status, may so proceed under both the Act and the Code.

This issue was raised by the recent filings of an adversary proceeding under the Act and of…