In Re Nancy Elaine Ybarra, Debtor, Boeing North American, Inc., Successor for Limited Purposes to Rockwell International Corporation v. Nancy Elaine Ybarra

Good Law
424 F.3d 1018·54 Collier Bankr. Cas. 2d 1581·96 Fair Empl. Prac. Cas. (BNA) 756·2005 U.S. App. LEXIS 19765
United States Court of Appeals for the Ninth CircuitSeptember 14, 200503-56314California4,600 words

Opinion

Opinion

424 F.3d 1018 In re Nancy Elaine YBARRA, Debtor, Boeing North American, Inc., Successor for Limited Purposes to Rockwell International Corporation, Appellant, v. Nancy Elaine Ybarra, Appellee. No. 03-56314. United States Court of Appeals, Ninth Circuit. Submitted March 10, 2005. * Filed September 14, 2005. Wayne R. Terry, Mitchell, Silberberg & Knupp LLP, Los Angeles, CA, for the appellant. Nancy Elaine Ybarra, Santa Barbara, CA, pro se, for the appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel; Perris, Klein and Baum, Bankruptcy Judges, Presiding. BAP No. CC-02-01356-KBaP. Before WARDLAW, PAEZ, Circuit Judges, and BEISTLINE, District Judge. ** PAEZ, Circuit Judge. 1 After filing for bankruptcy protection, Nancy Elaine Ybarra ("Ybarra") persuaded a state court to vacate the dismissal of an action she had filed against her former employer Rockwell International Corporation ("Rockwell") prior to filing for bankruptcy. Rockwell prevailed and was awarded attorney fees and costs by the state court. The bankruptcy court held that despite Ybarra's discharge in bankruptcy, Rockwell could collect the portion of the fees and costs incurred after Ybarra filed for…

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