Russ Feingold: “Ironically, bankruptcy is the only Federal civil proceeding in which a poor person cannot file in forma pauperis. What…”

“Ironically, bankruptcy is the only Federal civil proceeding in which a poor person cannot file in forma pauperis. What this means, in any other Federal civil proceeding you can file a case without paying filing fees if the court determines you are unable to afford the fee; but in bankruptcy, you either pay the filing fee or are denied access to the system. That is right, the bankruptcy system-- which is by definition designed to assist those who have fallen on hard times--is unavailable to the poorest of the poor. This prohibition against debtors filing in forma pauperis is a clear obstacle to their efforts to gain access to justice. The current fee is $175; $175 is roughly the weekly take-home pay of an employee working a 40-hour week at the minimum wage. I think it is unrealistic and unreasonable to expect an indigent in this case to raise such a fee simply to enter the system.”