Bennett v. Lukens

BARKER, District Judge.

The Bennetts appeal the bankruptcy court’s order denying their motion for attorneys’ fees. Upon review of the record, we REVERSE the order of the bankruptcy court, and REMAND this case with the instructions that the bankruptcy court determine the amount of attorneys’ fees due the Bennetts.

I. Background

Martin and Elizabeth Edwards and James and Jean Bennett sold Maurice Luk-ens, a timber buyer, 53 trees; through error, 14 of the trees belonged to a neighbor and were on the neighbor’s property. After Lukens cut down the trees, the owners of the 14 trees sued Lukens, and…