CDCA - If a creditor withdraws a MFRS, is the debtor a prevailing

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Reply-To: Gaurav Datta
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Hi all,
I have done quite a bit of research on reciprocal attorneySection 17171 and all of the case law I have found where attorneys fees
were granted to debtors for defeating a motion for relief involved. I
haven't seen any case law (positive or negative) where creditor simply
withdraws motion after debtor files opposition. Case involves a cram down
on a secured lien where creditor filed relief from stay even though the
plan, as filed, covered their interest. Judge is simply continuing the
MFRS pending confirmation (which will happen). Creditor will not withdraw
the MFRS until the plan is confirmed, thus wasting a tremendous amount of
time.
*Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401*
*Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158*
*www.dattalawgroup.com *
"My formula for success is rise early, work late, and strike oil."
- J. Paul Getty
Hi all,
I have done quite a bit of research on reciprocal attorneys
fees under CCC Section 17171 and all of the case law I have found where
attorneys fees were granted to debtors for defeating a motion for relief
involved. I haven't seen any case law (positive or negative) where creditor simply withdraws motion after debtor files opposition. Case involves a cram down on a secured lien where creditor filed relief from stay even though the plan, as filed, covered their interest. Judge is simply continuing the MFRS pending confirmation (which will happen). Creditor will not withdraw the MFRS until the plan is confirmed, thus wasting a tremendous amount of time. Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158"My formula for success is rise early, work late, and strike oil."- J. Paul Getty

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