Frustrated debtors often look to their attorneys for recourse in recouping legal fees when defending against otherwise abusive motions in their bankruptcy case. 11 U.S.C. § 707(b)(5)(A) (the “Bankruptcy Code”) authorizes bankruptcy courts to award attorneys’ fees, but may other federal remedial statutes provide similar relief? According to the Sixth Circuit Court of Appeals (the “Sixth Circuit”), at least one such fee-shifting statute, the Equal Access to Justice Act (“EAJA”) , does not.

File Type: pdf
Categories: Volume 38 Issue 3
Tags: bankruptcy, legislation
Author: Mason S. Shelton

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