Legal Opinion

Hoopai v. Hoopai

Court of Appeals for the Ninth Circuit

Decided September 14, 2009No. 07-15868PublishedCited by 36 opinions

1Opinion of the Court

PAEZ, Circuit Judge:

Countrywide Home Loans, Inc. appeals from the Bankruptcy Appellate Panel’s vacatura of a bankruptcy court order awarding Countrywide $83,542.87 in attorneys’ fees and costs pursuant to Hawaii Revised Statutes section 607-14. Countrywide argues that it is entitled to the fees as an oversecured creditor pursuant to 11 U.S.C. § 506(b) (2000), or, alternatively, as the prevailing party pursuant to Hawaii state law, section 607-14. Because § 506(b) governs an oversecured creditor’s entitlement to attorneys’ fees incurred prior to confirmation of a Chapter 13 plan and preempts…

2Cases cited31 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. Rake v. WadeSupreme Court of the United States · 1993
  3. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  4. Louis Eugene Russell v. Tom Rolfs, SuperintendentCourt of Appeals for the Ninth Circuit · 1990
  5. Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996

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3Cited by36 opinions

  1. Wolfe v. Jacobson (In Re Jacobson)Court of Appeals for the Ninth Circuit · 2012
  2. In re SoppickUnited States Bankruptcy Court, E.D. Pennsylvania · 2014
  3. In re RichterUnited States Bankruptcy Court, C.D. California · 2015
  4. Congrejo Investments, LLC v. Mann (In Re Bender)Court of Appeals for the Ninth Circuit · 2009
  5. In Re GibsonUnited States Bankruptcy Court, D. Arizona · 2009

31 more not listed; retrieve them via the Exa API.

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