Gary Eickerman v. La Jolla Group, II

MEMORANDUM

Appellant Gary Ulrich Eickerman (Eick-erman) challenges the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II(LJG) on LJG’s post-confirmation claim for fees and expenses incurred when Eickerman defaulted during the execution of his Second Chapter 13 plan. Eickerman asserts that LJG waived any additional fees or expenses in its proof of claim filing. Eicker-man also contends that the bankruptcy court erred in determining that LJG’s lien remained viable after Eickerman satisfied his Chapter 18 plan provisions.

The bankruptcy court properly concluded that the Chapter 13 plan lacked any res judicata effect on LJG’s right to seek post-confirmation attorney’s fees and other expenses provided for in the promissory note and deed of trust executed by Eickerman. See Cnty. of Ventura Tax Collector v. Brawders (In re Brawders), 325 B.R. 405, 411 (9th Cir. BAP 2005), aff'd sub nom. Brawders v. Cnty. of Ventura (In re Brawders), 503 F.3d 856 (9th Cir.2007) (explaining that a Chapter 13 plan “should clearly state its intended effect on a given issue”). When it filed its proof of claim, LJG could not have contemplated Eicker-man’s post-confirmation…