In re: Sisk, No. 18-17445 (9th Cir. 2020)
Annotate this CaseThe Ninth Circuit previously reversed, in part, bankruptcy appellate panel decisions. The court subsequently denied the debtors’ applications, as prevailing parties, for attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412(d). The EAJA did not authorize attorney fees because a bankruptcy court does not fall within the EAJA’s definition of “United States,” and uncontested Chapter 13 bankruptcy cases are not “civil actions brought by or against the United States.” The EAJA is a limited waiver of the government’s sovereign immunity; it must be strictly construed in favor of maintaining immunity not specifically and clearly waived.
Court Description: Bankruptcy / Equal Access to Justice Act. The panel filed an order denying applications for attorney fees under the Equal Access to Justice Act, filed by debtors in four bankruptcy appeals. The panel reversed the bankruptcy court’s and the Bankruptcy Appellate Panel’s denial of Chapter 13 bankruptcy plans and held that the Bankruptcy Code allowed the debtors’ original plans to be confirmed. As the prevailing parties, debtors then moved for attorney fees against the lower courts pursuant to the EAJA, which IN RE SISK 3 authorizes fees incurred by a prevailing party in a civil action brought by or against the United States. The panel held that the EAJA did not authorize attorney fees because a bankruptcy court does not fall within the EAJA’s definition of “United States,” and uncontested bankruptcy cases are not “civil actions brought by or against the United States.”
This opinion or order relates to an opinion or order originally issued on June 22, 2020.
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