Legal Opinion
Marlene Penrod v. Americredit Financial Services
Court of Appeals for the Ninth Circuit
Decided October 1, 2015No. 13-16097PublishedCited by 24 opinions
1Opinion of the Court
OPINION
WATFORD, Circuit Judge:
We are asked to decide whether a debt- or who prevails in a contract dispute on the basis of federal bankruptcy law may recover reasonable attorney’s fees under California Civil Code § 1717.
I
The appellant in this case, Marlene Pen-rod, bought a new Ford Taurus from a car dealership in California. Although the Taurus cost $25,000, Penrod borrowed a total of $32,000 to purchase it. (For simplicity’s sake, we will use round numbers throughout.) The extra $7,000 represented the “negative equity” in Penrod’s old vehicle — a Ford Explorer worth $6,000 on which she…
2Cases cited14 opinions
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Santisas v. GoodinCalifornia Court of Appeal · 1998
- 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
- City of Emeryville v. The Sherwin-Williams CompanyCourt of Appeals for the Ninth Circuit · 2010
- Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc.California Court of Appeal · 2012
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gregory Bos v. Board of TrusteesCourt of Appeals for the Ninth Circuit · 2016
- Ocwen Loan Servicing v. Christopher MarinoCourt of Appeals for the Ninth Circuit · 2020
- Bank of N.Y. Mellon v. Lane (In Re Lane)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2018
- Taburaza v. Zarate (In re Zarate)United States Bankruptcy Court, N.D. California · 2017
- In re Relativity Fashion, LLCUnited States Bankruptcy Court, S.D. New York · 2017
19 more not listed; retrieve them via the Exa API.