Bankruptcy Case No. 02C-29533, Adversary No. 03PC-02381United States Bankruptcy Court, D. Utah
September 19, 2003
ORDER CONDITIONALLY DISMISSING ADVERSARY PROCEEDING
GLEN CLARK, Chief Judge, Bankruptcy
On September 4, 2003, an APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT was filed in this court by Holli Lundal in conjunction with the filing of adversary proceeding 03 P-2381 GEC. The application to proceed without payment of fees seeks waiver of the fees under 28 U.S.C § 1915 (Proceedings in forma pauperis), which provides that any Court of the United States may authorize the commencement of a suit without payment of fees. The United States Bankruptcy Court is an Article I Court and not an Article III Court. It is a Unit of the United States District Court and is not a Court of the United States and has no authority to waive filing fees under 28 U.S.C. § 1915. See Inre Courtesy Inns. LTD., Inc., 40 F.3d 1084, 1086 (10th Cir. 1994). For that reason, this Court lacks the power to waive the
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filing fee for Adversary Proceeding 03P-02381. The fee must either be paid, or the adversary proceeding must be dismissed. Therefore, it is hereby
ORDERED that the filing fee for adversary proceeding 03P-02381 must be paid, in full, to the Clerk of this Court within 20 days of this Order; and it is further
ORDERED that in the event the filing fee for adversary proceeding 03P-02381 is not paid in full within 20 days of this Order, the adversary proceeding shall be dismissed without further notice or hearing.