United States Ninth Circuit

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In re Penrod, 13-16097

In an action seeking to collect attorney's fees incurred following a lender's objection to debtor's Chapter 13 bankruptcy plan under California's reciprocal attorney fees law, Civil Code section 1717(a), the district court's denial of the motion for attorney's fees is reversed where the debtor's successful defense against lender's objection to her bankruptcy plan constitutes "prevailing on the contract" under section 1717(a) and entitles her to attorney fees under section 1717(a).

Appellate Information

  • Decided 10/01/2015
  • Published 10/01/2015

Judges

  • WATFORD

Court

  • United States Ninth Circuit

Counsel