Bankruptcy No. 79-1805EG.

4 B.R. 724 (1980)

In re SARAH ALLEN HOME, INC., a Pennsylvania non-profit Corporation, a/k/a Sarah Allen Nursing Home and Sarah Allen Home for the Aged, Bankrupt. Lucy Hawks HAREWOOD et al., Plaintiffs, v. The SARAH ALLEN HOME FOR the AGED, INC., and its Board of Directors: Nathaniel Thigpen, Charles A. Thrall, John Petit: Samuel M. Brodsky, Trustee in Bankruptcy, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 26, 1980.

Attorney(s) appearing for the Case

Suzanne Reilly, Community Legal Services, Inc., Philadelphia, Pa., for Lucy Hawks Harewood et al., plaintiffs.

Busch & Schramm, Bala Cynwyd, Pa., for Sarah Allen Home for the Aged, Inc., et al., defendants.

Wexler, Weisman, Maurer & Forman, P.C., Philadelphia, Pa., for Samuel M. Brodsky, Trustee, Sarah Allen Home, Inc., defendant.

Henry J. Sommer, Community Legal Services, Philadelphia, Pa., for Thomas R. Maya, Margaret A. Maya, Florence Ade.

Joshua Z. Goldblum, Bucks County Legal Aid Society, Langhorne, Pa., for John Schuyler Poulterer and Marguerite Poulterer, Terry Lee Blair and Deborah Ann Blair, a/k/a Deborah Ann Hanyecz.

Michael Donahue, Delaware County Legal Assistance, Darby, Pa., for Mary Helen Murray, Jerome & Maureen Capizzi.


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...

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