Legal Opinion

Brosio v. Deutsche Bank National Trust Co. (In Re Brosio)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 7, 2014No. BAP NC-13-1119-KiDJu; Bankruptcy 12-57468-SLJPublishedCited by 9 opinions

1Opinion of the Court

OPINION

KIRSCHER, Bankruptcy Judge.

Debtor Elaine L. Brosio (“Brosio”) appeals an order denying her motion for attorney’s fees on the basis that she was not the prevailing party under Cal. Crv. Code § 1717 and that the fees requested were not reasonable. We AFFIRM.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Brosio filed a chapter 13 1 bankruptcy case on October 16, 2012. Among the assets was Brosio’s residence. In connection with the residence, Brosio had executed a note (“Note”) and deed of trust (“DOT”) in January 2007 in favor of former lender, Paul Financial, LLC. Appellee Deutsche Bank…

2Cases cited26 opinions

  1. Santisas v. GoodinCalifornia Court of Appeal · 1998
  2. TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
  3. Chia-Lee Hsu v. AbbaraCalifornia Supreme Court · 1995
  4. Shanks v. DresselCourt of Appeals for the Ninth Circuit · 2008
  5. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985

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3Cited by9 opinions

  1. Townsend v. Quantum3 Group, LLCDistrict Court, M.D. Florida · 2015
  2. Gpp, Inc. v. Guardian Protection Products, Inc.Court of Appeals for the Ninth Circuit · 2025
  3. Hsin-Shawn Cyndi ShengUnited States Bankruptcy Court, E.D. California · 2019
  4. In Re Debtor ArciniegaDistrict Court, C.D. California · 2023
  5. In re: Debbie Reid O'GormanDistrict Court, N.D. California · 2025

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

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