Opinion
Bankruptcy No. 92-41787S.
January 20, 1993.
Thomas Womack, pro se.
Jack Sims, Little Rock, AR, for debtor.
Randy Rice, Little Rock, AR, trustee.
Charles Baker, Little Rock, AR, for trustee.
ORDER STRIKING MOTION FOR ORDER OF SURRENDER
THIS CAUSE is before the Court upon two documents submitted to the Clerk for filing by Thomas and Gloria Womack. The first, a "Motion for Order of Surrender," was filed on December 4, 1992. The second document is entitled "Application to Proceed In Forma Pauperis, Supporting Documentation and Order" and is dated January 7, 1993. The application appears to be an altered form used in the district court. This document was not filed by the clerk due to an Order signed by the United States Bankruptcy Court for the Eastern and Western Districts of Arkansas, on December 10, 1992, prohibiting the clerk from accepting any papers filed by Thomas Womack without prior written authorization of the Court. That document is made an exhibit to this Order and will not be formally filed by the Clerk. The motion states in full:
The Womacks are well known to the United States Bankruptcy Court located in the Eastern and Western Districts of Arkansas. See, e.g., In re Thomas Womack, No. 88-41880 (Bankr.E.D.Ark. filed Sept. 22, 1988) (chapter 13), dismissed, May 8, 1990, aff'd, (E.D.Ark. Jan. 8, 1992); In re Thomas Womack, No. 88-40630 (Bankr.E.D.Ark. Chapter 13 case filed Mar. 29, 1988) (dismissed Oct. 28, 1988); In re Gloria Womack, 88-42637 (Bankr.E.D.Ark, filed Dec. 29, 1988) (Chapter 13), dismissed Mar. 18, 1991, aff'd, No. LR-C-91-384 (E.D.Ark. 1991); In re Thomas Womack, No. 87-41036 (Bankr.E.D.Ark. May 27, 1987) (Chapter 13 filed; case terminated on Feb. 19, 1988 without discharge); Gloria Womack v. Fleet Mortgage, No. 90-4078 (Bankr.E.D.Ark. Mar. 2, 1991) (Order of dismissal); Gloria Womack v. Derwinski, No. 90-4128 (Bankr.E.D.Ark. Nov. 2, 1990) (Order of dismissal); Gloria Womack v. United States, No. 91-4016 (Bankr.E.D.Ark. Apr. 16, 1991) (Order of dismissal).
Although the Womacks have filed petitions in bankruptcy, they have been unable to obtain a discharge in bankruptcy. This Court has also denied a previous motion to proceed in forma pauperis filed by Thomas Womack. In re Thomas Womack, No. 88-41880 (Bankr.E.D.Ark. June 17, 1990) (Order denying motion to proceed in forma pauperis).
1. That the Debtor Allison Warehouse and Transfer Co., Inc ET AL, has billed the said Thomas Womack, Jr and Gloria Womack as a debtor for moving and storage fees which Debtor illegally created by unlawfully entering their home without any type of legal authority; in violative of a United States Bankruptcy Court order and in violative of the Bankruptcy Stay from Chapter 13, Case number 88-42637 S. (See attached bill and Court Order)
2. That Thomas Womack, Jr. and Gloria Womack has not claimed a debt against Debtor, but debtor has acted premature by listing the said Thomas Womack, Jr. and Gloria Womack as Creditors.
3. That debtor's claim of a debt to the said Womacks is moot, and the stay should be lifted from their name and Debtor ordered to return all of their properties which has been illegally held since August 9, 1990.
4. That Debtor's action is pretaining to properties that it has illegally deprived the Womacks of, keeping them under extreme hardship and not pretaining to a debt owed to the Womacks.
WHEREFORE, Thomas Womack, Jr and Gloria Womack pray for a order granting an Order of surrender in regards to all of their properties that were removed from their home by debtor and an order granting Thomas and Gloria Womack relief from the stay, and all other just and proper relief.
(Emphasis and errors in original.)
The Motion for Surrender will be stricken as completely unintelligible. The Court cannot even determine from this motion whether the Womacks claim to be a creditor or debtor of the debtor corporation. They appear to deny and assert either status. The Court further notes that the Womacks have failed to state an address to which Orders of the Court or responsive pleadings may be sent.
The format also appears to be improper. The garbled assertions appear to suggest various adversary proceedings.
While an exhibit to the Motion for Order of Surrender lists a Post Office Box for Thomas Womack, the content of the application to proceed in forma pauperis appears to indicate that the Womacks have no address other than some hotel. The clerk may attempt to serve the P.O. Box with this Order. There are several hotels with the name described by the Womacks precluding use of a hotel address for purposes of service.
Were the Court to consider an Application to Proceed In Forma Pauperis, it would be denied. First, there is no proceeding pending by the Womacks which requires expenditure of funds by the Womacks. Secondly, the application is only slightly less incoherent than the Motion for Order of Surrender, addressed above. The minimal coherence in the application is due to the fact that it is a form application which makes certain statements for the application. Finally, the applicants have failed to satisfy the standards of the statute, 28 U.S.C. § 1915(a), such that this Court, in its discretion would deny the application on the merits. See generally In re Clark, 86 B.R. 593 (Bankr.E.D.Ark. 1988) (standards for in forma pauperis applications).
Based upon the foregoing, it is
ORDERED that the Motion for Order of Surrender, filed by Thomas and Gloria Womack on December 4, 1992, is DENIED.
IT IS SO ORDERED.
EXHIBIT IN THE UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF ARKANSAS
THOMAS WOMACK, JR; AND APPLICATION TO PROCEED IN GLORIA WOMACK FORMA PAUPERIS, SUPPORTING v. DOCUMENTATION AND ORDER ALLISON WAREHOUSE TRANSFER CASE NUMBER: CO., INC., et al
RE: case no. 92-41787S — Chapter 7
I, Thomas Womack, Jr. Gloria Womac, Ideclare that I am the (check appropriate box)
[X] petitioner/plaintiff movant (filing 28 U.S.C. § 2255 motion)
respondent/defendant __________ other
IN RE: Petitioners Motion For Order Of Surrender
in the above-entitled proceeding; that, in support of my request to proceed without being required to prepay fees, cost or give security therefor, I state that because of my poverty, I am unable to pay the costs of said proceeding or give security therefor; that I believe I am entitled to relief. The nature of my action, defense, or other proceeding or the issues I intend to present on appeal are briefly stated as follows: Respondent stripped petitioness of all household property in violative of this Court's order in case number LR88-2637 S, and law enforcement officers used a riot stick to place a death hold on petitioner Thomas Womack, Jr8 neck and tried to separate his head from his neck without provocation. This illegal action left petitioner with a badly injuried neck, and stopped him from being able to work. Due to this matter, petitioners are living under extreme hardship conditions without funds to pay for relief.
In further support of this application, I answer the following questions.
1. Are you presently employed? Yes No [X]
a. If the answer is "yes," state the amount of your salary or wages per month, and give the name and address of your employer. (list both gross and net salary)
b. If the answer is "no," state the date of last employment and the amount of the salary and wages per month which you received.
Petitioner was injuried on August 9th 1990, but was forced to work until October 1990. Then part time until May 1991
2. Have you received within the past twelve months any money from any of the following sources?
a. Business, profession or other form of self-employment Yes No [X] b. Rent payments, interest or dividends? Yes No [X] c. Pensions, annuities or life insurance payments? Yes No [X] d. Gifts or inheritances? Yes No [XX] e. Any other sources? Yes [X] No
The Bread From Heaven pay the rent.
If the answer to any of the above is "yes," describe each source of money and state the amount received from each during the past twelve months.
The Bread From Heaven Ministry pay the rent of $21.85 per day at the Masters Inn.
3. Do you own any cash, or do you have money in checking or savings accounts?
Yes No [X] (Include any funds in prison accounts.)
If the answer is "yes," state the total value of the items owned.
4. Do you own or have any interest in any real estate, stocks, bonds, notes, automobiles or other valuable property (excluding ordinary household furnishings and clothing)?
Yes [XX] No
If the answer is "yes," describe the property and state its approximate value.
1981 AMC Spirit — in storage from illegal eviction in August 1990. value — $800.00
5. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support.
Gloria Womack — wife; Tanja A. Womack — daughter; Shawn Womack — son support includes, medicaid and food stamps.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 1-7-93 __________ (Date) Signature of Applicant
CERTIFICATE (Prisoner Accounts Only)
I certify that the applicant named herein has the sum of $ _____ on account to his credit at the __________ institution where he is confined. I further certify that the applicant likewise has the following securities to his credit according to the records of said institution: __________ I further certify that during the last six months the applicant's average balance was $ _____
__________ Authorized Officer of Institution
ORDER OF COURT
The application is hereby granted. Let the applicant proceed without The application is hereby denied prepayment of cost or fees or the necessity of giving security therefor.
__________ ____ __________ ____ United States Judge Date Judge Date