Jared

MEMORANDUM *

Appellant Jeff E. Jared appeals a decision of the Bankruptcy Appellate Panel (“BAP”) affirming an order of the United States Bankruptcy Court for the Western District of Washington in which the court held that Jared had committed the tort of outrage in attempting to collect a debt owed by Chapter 13 Debtor and Appellee John P. Keahey. The bankruptcy court subsequently awarded Keahey $98,376.01 in damages, $51,287.50 in attorneys’ fees, and $2,756.84 in costs.

Jared assigns four errors: first, that the court incorrectly held that his conduct was “extreme and outrageous,” thereby satisfying the first element of the tort of outrage; second, that the court lacked a legal basis for awarding attorneys’ fees to Keahey; third, that the court impropeidy took judicial notice of an attorneys’ fees and costs application in the related bankruptcy case; and, fourth, that the court exhibited bias against him. We vacate the award of attorneys’ fees and remand that matter for further proceedings. We affirm in all other respects.

*921 The parties are aware of the facts of this case. We therefore recite them only to the extent necessary to our disposition of the…