Central District Consumer Bankruptcy Attorney's Association

You might be thinking of the Fobian rule "where the litigated issues
involve not basic contract enforcement questions, but issues peculiar to
federal bankruptcy law, attorney's fees will not be awarded absent bad
faith or harassment by the losing party" In re Fobian, 951 F.2d 1149 (9th
Cir.1991).
There was an other case where debtor's counsel wanted attorney fees for
winning a relief from stay motion which was also denied based on the Fobian
rule. The Fobian rule was abrogated by the USSC in Travelers Cas. & Sur.
Co. v. Pacific Gas, 127 S. Ct. 1199. Since then, lenders have been adding
clauses that allow them to obtain attorney fees for bankruptcy related
matters. In states like California, 1717 makes these clauses reciprocal (is
that the correct word?) so if you find that clause, take advantage of it.
As D said, to the extent there is equity in the property, the creditor is
entitled to fees but must show they are reasonable using the same standards
as debtors' counsel in Chapter 11.
To help you in your matter, query: in a Chapter 13 plan that proposes to
"cure" arrears, if confirmed, is creditor entitled to *any* default
interest, late fees or contractual fees that stemmed from the default? See
Entz-white.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
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On Mon, Aug 10, 2015 at 5:52 PM, easky1@yahoo.com [cdcbaa] wrote:
>
>
> Jason:
>
> 506b. They get the atty's fees if they would under their note (i.e.
> proper atty's fees clause), and there is equity in the property.
>
> "mis" is a prefix, no hyphen unless adding to a word starting with "s", or
> adding to a proper noun. (there is also a rule that you can add a hyphen
> for clarity).
>
> d
>
>
You might be thinking of the Fobian rule "where the litigated issues involve not basic contract enforcement questions, but issues peculiar to federal bankruptcy law, attorney's fees will not be awarded absent bad faith or harassment by the losing party"In re Fobian, 951 F.2d 1149 (9th Cir.1991).There was an other case where debtor's counsel wanted attorney fees for winning a relief from stay motion which was also denied based on the Fobian rule. The Fobian rule was abrogated by the USSC inTravelers Cas. & Sur. Co. v. Pacific Gas, 127 S. Ct. 1199. Since then, lenders have been adding clauses that allow them to obtain attorney fees for bankruptcy related matters. In states like California, 1717 makes these clauses reciprocal (is that the correct word?) so if you find that clause, take advantage of it. As D said, to the extent there is equity in the property, the creditor is entitled to fees but must show they are reasonable using the same standards as debtors' counsel in Chapter 11.To help you in your matter, query: in a Chapter 13 plan that proposes to "cure" arrears, if confirmed, is creditor entitled to *any* default interest, late fees or contractual fees that stemmed from the default? See Entz-white.
The post was migrated from Yahoo.