From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Chapter 13 debtor was not “prevailing party” under California law for purposes of recovering attorney fees for claim objection. The Chapter 13 debtor filed an objection to the proof of claim for mortgagee, disputing $425 attorney fees in the claim. The claimant amended its proof of claim, deleting the attorney fees, and the debtor than sought her own attorney fees and costs of $5,265, under a California statute, but the bankruptcy court correctly concluded that the debtor was not a “prevailing party” under that statute. The claimant voluntarily . . .

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