Resolution Trust Corporation As Receiver For Occidental Nebraska Savings Bank, F.S.B. v. Titan Financial Corporation

36 F.3d 891 RESOLUTION TRUST CORPORATION AS RECEIVER FOR OCCIDENTAL NEBRASKA SAVINGS BANK, F.S.B., Plaintiff-Appellant, v. TITAN FINANCIAL CORPORATION, a California Corporation; Frances Pikush, Defendants, and Gilbert Sellan, Defendant-Appellee. Nos. 92-15419, 92-16194. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 1, 1993. Decided Oct. 4, 1994. Gilda R. Turitz and Eric Stein, Graham & James, San Francisco, CA, for plaintiff-appellant. Philip J. Dabney, Haney & McBride, Las Vegas, NV, for defendant-appellee. Appeals from the United States District Court for the District of Nevada. Before: CHOY, D.W. NELSON, and NORRIS, Circuit Judges. PER CURIAM: 1 Appellee Gilbert Sellan was a personal guarantor of a promissory note secured by a deed of trust. When the principal debtor defaulted on the note, the property was foreclosed in a nonjudicial sale. The Resolution Trust Corporation ("RTC") sued Sellan, seeking a deficiency judgment for the difference between the amount realized at the sale and the amount due on the promissory note. The district court granted summary judgment for Sellan, and, on appeal, we affirmed. Sellan now moves for attorney's fees…