Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix A Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The proposed rules and Committee notes are set forth below, with changes indicated by striking through deleted text and underlining new text. Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief...
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By The Honorable William Houston Brown (Retired)
Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA).
Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees to debtors against the bankruptcy and appellate panel courts that had ruled against them. Those courts did not fall within the EAJA’s definition of “United States,” and the prior actions were not against the . . .
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