Legal Opinion

Hoopai v. Countrywide Home Loans, Inc. (In Re Hoopai)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 28, 2007No. BAP No. HI-06-1328-KMoB, Bankruptcy No. 04-02511PublishedCited by 14 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

The court approved the chapter 13 debt- or’s $300,000 sale of property on which she owed $158,935, but closing was delayed for a year by an appeal designed to revive the creditor’s incomplete $159,000 prepetition foreclosure sale and by the attorneys’ fees dispute that is the subject of this appeal. The court ruled, In re Hoopai, 348 B.R. 528 (Bankr.D.Haw.2006), that the mortgagee was “prevailing party” under Hawaii law and awarded all the mortgagee’s requested fees and costs ($83,542.87), in addition to the $176,927.72 that had been paid to extinguish the debt…

2Cases cited7 opinions

  1. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  2. Kathleen Lentini v. California Center for the Arts, Escondido Alan Corbin Randy Vogel, and Does 1-10Court of Appeals for the Ninth Circuit · 2004
  3. In Re Elmer FOBIAN and Elsie Fobian, Debtors. Elmer FOBIAN and Elsie Fobian, Appellants, v. WESTERN FARM CREDIT BANK, AppelleeCourt of Appeals for the Ninth Circuit · 1991
  4. Food Pantry, Ltd. v. Waikiki Business Plaza, Inc.Hawaii Supreme Court · 1978
  5. Litton Loan Servicing, LP v. Garvida (In Re Garvida)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006

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

3Cited by14 opinions

  1. Oney v. Weinberg (In Re Wienberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  2. Hoopai v. HoopaiCourt of Appeals for the Ninth Circuit · 2009
  3. Fadel v. DCB United LLC (In Re Fadel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  4. Wells Fargo Bank, N.A. v. Loop 76, LLC (In Re Loop 76, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  5. In re Mortgage StoreUnited States Bankruptcy Court, D. Hawaii · 2014

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

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