Russ Feingold: “when I heard that bankruptcy was the only Federal Court proceeding in which a poor person is not entitled to file an in…”

“when I heard that bankruptcy was the only Federal Court proceeding in which a poor person is not entitled to file an in forma pauperis petition, I thought there must be some mistake. I found it somewhat surprising, counterintuitive, that bankruptcy, which by definition deals with people who are broke or have very limited funds, does not provide even the poorest of debtors a waiver of the filing fee. The filing fee for consumer bankruptcy is $175. Mr. President, $175 is more than the take home pay of an employee working 40 hours a week at the minimum wage. Tell me, how are the indigent--those who desperately need bankruptcy protection--going to afford $175 simply to file for such protection? Congress acknowledged that the bankruptcy system may need an in forma pauperis proceeding when it directed the Judicial Conference to implement a pilot program in six judicial districts around the nation. This pilot program operated from October 1, 1994, through September 30, 1997, in the following six districts: the Southern District of Illinois, the District of Montana, the Eastern District of New York, the Eastern District of Pennsylvania, the Western District of Tennessee, and the District of Utah. The pilot program was clearly a success. Many of the judges who administered the program, and who were initially skeptical, now support it.”