Jaffe

I.

INTRODUCTION

In this case, the superior court entered a judgment against a debtor, Zenaida C. Pacelli (Pacelli), that included an award of attorney fees. Years later, Pacelli sought to discharge the debt in bankruptcy court. Pacelli’s bankruptcy case was dismissed as a result of the efforts taken by the judgment creditor, appellant Howard M. Jaffe.

In this appeal, we hold that Jaffe’s efforts taken in the bankruptcy court, and in related proceedings, were incurred to enforce the superior court judgment. Thus, Code of Civil Procedure section 685.040 (section 685.040) entitles Jaffe to a postjudgment order awarding him compensation for the attorney fees and costs expended in those proceedings.

We reverse the trial court’s postjudgment orders to the extent they denied Jaffe’s request for attorney fees and costs related to Pacelli’s bankruptcy proceedings and remand the case for further proceedings consistent with our holding. In all other respects, we affirm the postjudgment orders.

II.

FACTUAL AND PROCEDURAL BACKGROUND

This is the fourth appeal we have resolved involving this matter.

A. Preliminary facts and the three prior appeals

Pacelli executed a promissory…