In Re Hoopai

MEMORANDUM OF DECISION ON ALLOWANCE OF ATTORNEYS’ FEES AND DISPOSITION OF SU-PERSEDEAS BOND

ROBERT J. FARIS, Bankruptcy Judge.

The debtor in this chapter 13 case successfully pressed a novel legal argument in this court and on appeal to the district court. She established that a non-judicial foreclosure auction does not immediately extinguish the debtor’s interest in the mortgaged property. This enabled her to sell the property for a higher price. But because the high bidder at the foreclosure auction appealed and obtained a stay pending appeal, substantial interest, attorneys’ fees, and costs…