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IN RE YBARRA

BAP No. CC-02-1356-KBaP, Bankruptcy No. ND 91-11779-RR.

295 B.R. 609 (2003)

In re Nancy Elaine YBARRA, Debtor. Nancy Elaine Ybarra, Appellant, v. Boeing North American, Inc., Successor for Limited Purposes to Rockwell International Corp.; United States Trustee; Alfred H. Siegel, Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed June 26, 2003.

Attorney(s) appearing for the Case

Nancy Elaine Ybarra, Santa Barbara, CA, Pro se.

Wayne R. Terry, Mitchell, Silberberg & Knupp, Los Angeles, CA, for Boeing North American, Inc.

Before KLEIN, BAUM and PERRIS, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge.

The issue in this case is whether the bankruptcy discharge applies to attorney fees and costs awarded against a debtor for unsuccessful postpetition state court litigation of prepetition causes of action, where the action was commenced prepetition. Based on our understanding of the Ninth Circuit decisions addressing this issue, we conclude that the fees and costs are discharged and REVERSE.

FACTS

In 1988...

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