The Ninth Circuit affirmed the bankruptcy court's decision that attorney's fees awarded against the prisoner-appellant under Idaho Code § 31-3220A are nondischargeable under 11 U.S.C. § 523(a)(17).
Barryngton Searcy v. Ada County Prosecuting Attorney's Office
This case involved Barryngton Searcy, who had filed a lawsuit against the Ada County Prosecuting Attorney's Office and later tried to eliminate court-ordered attorney's fees through bankruptcy. Searcy had been ordered to pay the prosecutor's office's legal fees under an Idaho law that requires unsuccessful plaintiffs in certain cases to cover the other side's attorney costs.
The court ruled against Searcy, deciding that he could not wipe out these attorney's fees through bankruptcy proceedings. The Ninth Circuit Court of Appeals upheld a lower court's decision, stating that under federal bankruptcy law, this type of court-ordered payment cannot be discharged or eliminated in bankruptcy.
What this means for workers: This ruling highlights an important risk when filing employment lawsuits. If you lose your case, you might be ordered to pay your employer's attorney's fees, and these fees could follow you even if you declare bankruptcy. Before pursuing legal action against an employer, workers should carefully consider this potential financial consequence and consult with an employment attorney about the risks involved in their specific situation.
This summary was generated to explain the ruling in plain English and is not legal advice.
Disability, Ohio Civil Rights Act, Americans with Disabilities Act, Americans with Disabilities Act Amendments Act, Ohio Civil Rights Commission, substantially limits, physical impairment, constructive discharge, R.C. Chapter 4112, R.C. 4112.06(E), R.C. 4112.08, R.C. 4112.02(A), Adm. Code…
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