Adams claimed that Inman defamed him by reporting to the police that Adams had hired 1

him to set the fire in which a woman was killed.

United States Bankruptcy Appellate Panel

FOR THE EIGHTH CIRCUIT

_______________

No. 98-6021 WM

______________

In re: Anthony Ray Inman, *

*

Debtor. *

*

Craig S. Adams, * Appeal from the United States

* Bankruptcy Court for the 

Appellant, * Western District of Missouri

*

v. *

*

Anthony Ray Inman, *

*

Appellee. *

_______________

Submitted: March 17, 1998 

Filed: March 26, 1998

_______________

Before WILLIAM A. HILL, SCOTT and DREHER, Bankruptcy Judges.

_______________

SCOTT, Bankruptcy Judge.

Appellant Adams was convicted of arson and second degree

murder in 1988. The debtor in this case was convicted with

Adams, although on lesser offenses. Adams obtained a default

judgment against the debtor for defamation, and, upon the

1

debtor filing a case under chapter 7 of the bankruptcy code,

filed a complaint to determine dischargeability of
28 U.S.C. § 1915 also establishes a “three strikes, you’re out” rule. Under 1915(g), a 2

prisoner may not bring a civil action or appeal if the prisoner has, on three or more prior

occasions brought an action or appeal that was dismissed on the grounds that it was frivolous,

malicious, or fails to state claim. Adams now has at least two strikes against him. See Adams v.

Vanwormer, 910 S.W.2d 829 (Mo. Ct. App. 1995)(affirming trial court dismissal of petition as a

“frivolous lawsuit without merit.”); see also Green v. Nottingham, 90 F.3d 415, 418 (10 Cir. th

1996)(court may take judicial notice that prisoner had other actions dismissed as frivolous). In

addition to the statutory three-strikes rule, the filing of prior, frivolous appeals may be considered

in determining whether to grant an application to proceed in forma pauperis. See In re

McDonald, 489 U.S. 180 (1989).

The Honorable Arthur B. Federman, United States Bankruptcy Judge for the Western 3

District of Missouri. Judge Federman’s opinion is the tenth of a series of opinions arising from

Adams’ civil and criminal appeals. See Adams v. Vanwormer, 910 F.W.2d 829 (Mo. Ct. App.

1995); Adams v. James, 9006 S.W.2d 869 (Mo. Ct. App. 1995); Adams v. Ware, 901 S.W.2d

269 (Mo. Ct. App.), cert. denied, 116 S. Ct. 390 (1995); Adams v. Groose, 889 S.W.2d 175 (Mo.

Ct. App. 1994); Adams v. Vanwormer, 892 S.W.2d 655 (Mo. Ct. App. 1994), cert. denied, 116

S. Ct. 141 (1995); Adams v. Inman, 892 S.W.2d 651 (Mo. Ct. App. 1994), cert. denied, 116 S.

Ct. 140 (1995); Adams v. James, 868 S.W.2d 161 (Mo. Ct. App. 1994); Adams v. Moore, 861

S.W.2d 680 (Mo. Ct. App. 1993); State v. Adams, 791 S.W.2d 761 (Mo. Ct. App. 1990).

2

debt under section 523(a)(6) of the Bankruptcy Code. Adams

requested and was granted leave to proceed in forma pauperis

under 28 U.S.C. § 1915, the Prisoner Litigation Reform Act of

1996. Subsequently, the bankruptcy court granted summary

judgment in the debtor’s favor and the complaint was dismissed.

Adams appealed from that order and requested leave to proceed

in forma pauperis on appeal. The bankruptcy court denied the 2 3

motion for three reasons:

(1) Adams paid only $4.46 of the fees required to be paid

under 28 U.S.C. § 1915 in violation of the bankruptcy court’s

order that the fees be paid over time. 

(2) The bankruptcy court certified in writing that the

appeal was not taken in good faith. 28 U.S.C. § 1915(a)(3).

(3) The appeal was frivolous and the action failed to

state a claim for which relief could be granted. 28 U.S.C. §

1915(e)(2).
3

Finding no error of law or fact, we affirm the bankruptcy

court’s decision to deny leave to appeal in forma pauperis.
There is a split of authority as to whether the bankruptcy court is a “court of the United 4

States,” as that term is used in title 28. Compare Jones v. Bank of Santa Fe (In re Courtesy Inns,

Ltd.), 40 F.3d 1084 (10th Circuit 1994)(bankruptcy court is not a court of the United States) with

In re TCI, Ltd., 769 F.2d 441 (7th Cir. 1985)(bankruptcy court is a court of the United States).

Although the Bankruptcy Reform Act of 1994, Pub. L. No. 103-394 (Oct. 22, 1994), 5

established certain pilot district in which debtors were permitted to proceed in forma pauperis, the

Western District of Missouri is not one of those districts.

4

Adams first argues that 28 U.S.C. § 1915 is inapplicable

to bankruptcy proceedings such that the strictures of that

statute do not apply. Section 1915 permits any court of the

United States to authorize the commencement of any suit,

4

action or proceeding, civil or criminal, or an appeal therein,

without prepayment of fees. Prisoners, however, although they

may commence an action or appeal, must make monthly payments

until the filing fee is paid. 28 U.S.C. § 1915(b)(2).

Without the application of section 1915, there is no statutory

right by any person to proceed in forma pauperis in any

bankruptcy proceeding. 28 U.S.C. § 1930 specifically requires 5

prepayment of fees before bankruptcy cases or proceedings may

go forward. Indeed, there is a split of authority as to

whether, even with the application of section 1915, that in

forma pauperis status is available in bankruptcy appeals.

Compare In re Meuli, 162 B.R. 327, 329 (Bankr. D. Kan. 1993)(in

forma pauperis status available) with In re Fitzgerald, 167

B.R. 689 (Bankr. N.D. Ga. 1994)(in forma pauperis status not

permitted in bankruptcy cases); In re Brickey, 119 B.R. 786

(Bankr. D. Ore. 1990)(§1930 excepts application of §1915 in

bankruptcy cases, including appeals). Thus, if Adams is

correct in his assertion that section 1915 does not apply to

bankruptcy proceedings, his application to proceed in forma

pauperis before this court must be denied. Moreover, if Adams

is correct, the bankruptcy court had no authority to grant his

original application to file the complaint to determine

dischargeability in forma pauperis such that the complaint was
We do not specifically decide in this appeal whether section 1915 applies in bankruptcy 6

cases and proceedings. 

5

subject to dismissal for failure to pay the appropriate filing

fee.

Section 1915 provides that the Court may authorize an

appeal without prepayment of the required fee upon affidavit

that the applicant is unable to pay such costs. However, if 6
6

the trial court certifies that the appeal is not taken in good

faith, in forma pauperis status is unavailable. Analysis under

section 1915 thus has two prongs: the applicant must

demonstrate an inability to pay and objective good faith in the

appeal. Martin-Trigona v. Stewart, 691 F.2d 856 (8th Cir.

1982). This Court has reviewed the record in this case and

agrees with the bankruptcy court’s findings of law and fact

with regard to its determination of the application to proceed

in forma pauperis on appeal. Cf. United States v. Slater, 96

F.R.D. 53, 55 n.9 (D. Del. 1982)(“The right to proceed on

appeal in forma pauperis, after the district court has fully

reviewed all of the claims, presents a different circumstance.

In such a situation, the court already has reviewed fully the

litigant’s claims, and is in a much better position to

ascertain whether the issues raised are frivolous.”); see

generally Mann v. Frank, No. 90-1122-CV-W-5, 1992 WL 219800

(W.D. Mo. Sept. 2, 1992). The appeal is manifestly frivolous

and not taken in good faith. The bankruptcy court addressed

each of Adams’ legal arguments, including the rather bizarre

assertion that section 1915 constitutes a Bill of Attainder in

violation of the U.S. Constitution. Adams’ Motion for Leave

to Appeal in Forma Pauperis before this court being without

merit, the Motion is denied. Appellant shall submit the

appropriate fee to the clerk of the Bankruptcy Appellate Panel

for the Eighth Circuit within twenty (20) days of entry of this

Order.

A true copy.

Attest:

CLERK, U.S. BANKRUPTCY APPELLATE PANEL FOR THE

EIGHTH CIRCUIT.