Legal Opinion

Bertola v. Northern Wisconsin Produce Co. (In Re Bertola)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 22, 2004No. BAP No. AZ-04-1067-DPB. Bankruptcy No. 01-08022-PHX-RJHPublishedCited by 20 opinions

1Opinion of the Court

OPINION

DONOVAN, Bankruptcy Judge.

Robert Michael Bertola appeals the bankruptcy court’s judgment awarding $96,841 in attorneys’ fees to Northern Wisconsin Produce Company, Inc. Northern Wisconsin incurred these fees in multiple actions related to the adversary proceeding below, in which the dischargeability of Bertola’s debts was contested. Because the bankruptcy court used incorrect legal standards in the award of attorneys’ fees, we REVERSE the judgment and REMAND with directions.

FACTS

This case is about stolen cheese. In or around January 2001, Robert Michael Ber-tola and The Cheese Company…

2Cases cited27 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Cohen v. De La CruzSupreme Court of the United States · 1998
  3. Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
  4. In Re: George Jercich, Debtor. James A. Petralia v. George JercichCourt of Appeals for the Ninth Circuit · 2001
  5. In Re Hassan Hamidi Hashemi, Debtor. American Express Travel Related Services Company Inc. v. Hassan Hamidi HashemiCourt of Appeals for the Ninth Circuit · 1997

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3Cited by20 opinions

  1. Fry v. Dinan (In Re Dinan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Schwertner Backhoe Services, Inc. v. Kirk (In re Kirk)United States Bankruptcy Court, W.D. Texas · 2015
  3. Gugino v. Clark's Crystal Springs Ranch, LLC (In re Clark)United States Bankruptcy Court, D. Idaho · 2014
  4. Daniel v. Del Valle (In re Del Valle)United States Bankruptcy Court, C.D. California · 2017
  5. Onubah v. Zamora (In Re Onubah)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

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

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