In re Nanette Marie Sisk, No. 18-17445 (9th Cir. 2020)
Annotate this CaseCourt 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 three 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 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.” IN RE SISK 3
This opinion or order relates to an opinion or order originally issued on June 22, 2020.
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