In Re Mary Deroche in Re: Eric Deroche, Debtors, Mary Deroche Eric Deroche v. Arizona Industrial Commission

434 F.3d 1189 In re Mary DEROCHE; In re: Eric DeRoche, Debtors, Mary DeRoche; Eric DeRoche, Appellants, v. Arizona Industrial Commission, Appellee. No. 04-15258. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 17, 2005. Filed January 17, 2006. Allan D. NewDelman, Esq., Roberta J. Sunkin, Esq., Allan D. NewDelman, P.C., Phoenix, AZ, for the appellant. James S. Samuelson, Assistant Attorney General, Terry Goddard, Attorney General, Phoenix, AZ, for the appellee. Appeal from the United States District Court for the District of Arizona; Earl H. Carroll, District Judge, Presiding. D.C. No. CV-03-00463-EHC. Before REINHARDT and THOMAS, Circuit Judges, and JANE A. RESTANI, * Chief Judge, Court of International Trade. THOMAS, Circuit Judge. 1 This case presents the question of whether Chapter 7 debtors may recover, pursuant to state statute, attorneys' fees incurred in bankruptcy discharge litigation. We conclude that attorneys' fees are not available for litigating federal bankruptcy issues, and we affirm the decision of the district court. 2 * Eric and Mary DeRoche (collectively "DeRoche") filed a joint Chapter 7 bankruptcy petition on November 28, 1994, in…