The Equal Access to Justice Act (28 U.S.C. § 2412(d)) does not authorize a fee award against the bankruptcy court that, sua sponte, refused to confirm movan’t Chapter 13 plan because it did not state a definite end date for performance of the plan. The EAJA does not treat courts as part of the “United States” for purposes of a fee award. Nor is an uncontested Chapter 13 plan a civil action brought by or against the United States, even if a court were considered part of the United States. For both reasons, the debtor cannot obtain a fee award under the EAJA even though she prevailed on appeal and obtained a reversal of the order denying confirmation of her Chapter 13 plan.