Giusto
Green Tree Servicing LLC v. Giusto
Opinion
Lead Opinion
Gilliam, J.
ÓRDERREVERSING BANKRUPTCY COURT’S AWARD OF ATTORNEYS’ FEES AND COSTS
Creditor-Appellant Ditech Financial LLC’s (“Appellant”) 1 appeals the bankruptcy court’s order granting Debtor-Ap-pellee Jacqueline Giusto’s (“Appellee”) motion for attorneys’ fees and costs. Dkt. No. 7 (“OB”). Appellee’s motion was filed in the wake of Appellant’s unsuccessful motion for relief from an automatic stay of debt collection under 11 U.S.C. § 362 (d). Appellee filed an answering brief, Dkt. No. 9 (“AB”), and Appellant has filed a reply, Dkt. No. 9 (“RB”).
Under Federal Rule of Civil Procedure 78(b) and Bankruptcy Local Rule 8019-1, the Court finds that this matter is suitable for decision without oral argument. For the reasons set forth below, the order of the bankruptcy court is REVERSED.
1. BANKRUPTCY PROCEEDINGS
On October 21, 2013, Appellee filed a petition for bankruptcy under Chapter 13 of the United States Bankruptcy Code, 11 U.S.C. § 1321 et seq. Dkt. No. 4 (“ER”), Ex. 16 at l. 2 In her petition, Appellee listed the real property located at 3971 Arbuckle Drive, San Jose, California as an asset. Id, Appellee had inherited the property, which was encumbered by a note (“Note”) and deed of…