Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In Re 804 Congress, L.L.C.)

PRISCILLA R. OWEN, Circuit Judge:

The principal issue in this case is whether, after an automatic stay in bankruptcy has been lifted and a creditor is permitted to foreclose on real property, federal or state law governs an oversecured creditor’s recovery of attorneys’ and other fees from the sale proceeds. A corollary issue is whether the bankruptcy court has jurisdiction over the sale proceeds for purposes of determining the creditor’s right to recover attorneys’ fees and the Deed of Trust trustee’s right to recover a contractually specified commission for conducting the non-judicial…