Jacquie Chandler v. Deutsche Bank National Trust

MEMORANDUM

Jacquie Chandler, a Chapter 11 debtor, appeals the Bankruptcy Appellate Panel’s (“BAP”) order awarding attorney’s fees to Deutsche Bank National Trust Co. (“Deutsche”) and denying her motion for reconsideration. We have jurisdiction under 28 U.S.C. § 158 (d)(1). We affirm.

1. The BAP did not abuse its discretion in awarding Deutsche attorney’s fees and costs under Federal Rule of Bankruptcy Procedure 8020(a). Rule 8020(a) provides: “[i]f the district court or BAP determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee.” Fed. R. Bankr. P. 8020(a). “An appeal is frivolous if the results are obvious, or the arguments of error are wholly without merit.” George v. City of Morro Bay (In re George), 322 F.3d 586, 591 (9th Cir. 2003) (order) (per curiam) (quotation marks omitted). Chandler had no legitimate basis to assert a claim to the property at issue during her Chapter 11 proceedings after multiple courts had determined that the foreclosure sale of this property was proper. As a result, the bankruptcy court was plainly…