Bechtold v. Gillespie (In Re Gillespie)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KURTZ, Bankruptcy Judge.
INTRODUCTION
For purposes of the discharge injunction, when does an attorney’s fees claim arise? When the fees are incurred or when the underlying claim arises? The bankruptcy court held that, because the debtor’s participation in postpetition litigation was “not entirely voluntary,” the creditor’s fees claim arose prepetition and hence was subject to the debtor’s chapter 7 1 discharge. In so holding, the bankruptcy court distinguished Boeing N. Am., Inc. v. Ybarra (In re Ybarra), 424 F.3d 1018, 1026-27 (9th Cir.2005).
We disagree with the bankruptcy court. The…
2Cases cited12 opinions
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