Renwick

Renwick v. Bennett (In re Bennett)

Good Law
298 F.3d 1059
United States Court of Appeals for the Ninth CircuitAugust 5, 2002Nos. 01-55547, 01-55762California5,307 words

Opinion

Lead Opinion

Armstrong, J.

This matter comes before this Court on Appellants Martin and Annette Renwicks’ (“the Renwicks”) appeal of the Bankruptcy Appellate Panel’s decision affirming the bankruptcy court’s grant of summary judgment in favor of Appellee Roberta Bennett (“Bennett”). Appellants contend that the bankruptcy court erred in (1) refusing to admit parol evidence to clarify an ambiguity in an underlying settlement agreement and (2) finding unenforceable Bennett’s promise to remain liable to the Renwicks on a debt discharged in a previous bankruptcy proceeding. Bennett cross-appeals the Bankruptcy Appellate Panel’s decision affirming the bankruptcy court’s denial of Bennett’s motion for attorneys’ fees. Bennett argues that the bankruptcy court erred in concluding that an award of attorneys’ fees was unavailable under federal law and that the attorneys’ fees provision in the contract at issue did not provide for fees incurred after the filing of a lawsuit.

We find that the bankruptcy court did not err in excluding the Renwicks’ proffered parol evidence and determining that there was no enforceable promise by Ap-pellee to pay a debt which was discharged in the bankruptcy proceedings.…

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