Nghiem

Nghiem v. Agha

Good Law
161 F. App'x 723
United States Court of Appeals for the Ninth CircuitJanuary 12, 2006No. 04-16749; BAP No. NC-03-01284-PBACalifornia401 words

Opinion

Lead Opinion

MEMORANDUM **

Peter P. Nghiem appeals pro se two orders of the Bankruptcy Appellate Panel (“BAP”) awarding appellees GMAC Mortgage Corporation and Executive Trustee Services, Inc. attorney’s fees and costs for litigation before the bankruptcy court and the BAP. We have jurisdiction under 28 U.S.C. § 158 (d) and “will not disturb a bankruptcy court’s attorney fee determination unless the bankruptcy court abused its discretion or erroneously applied the law.” Ford v. Baroff (In re Baroff), 105 F.3d 439, 441 (9th Cir.1997). We affirm.

To the extent that Nghiem advances contentions concerning the underlying litigation, they are foreclosed by our prior decision in Nghiem v. Ghazvini (In re Nghiem), 53 Fed.Appx. 489 (9th Cir.2002).

The BAP did not abuse its discretion or commit legal error in concluding that Nghiem’s first amended complaint did not allege a violation of California’s Business and Professions Code § 17200 et seq., an unfair competition law invoked by Nghiem at the attorney’s fees hearing.

Nor do we find fault with the BAP’s conclusion that, pursuant to California Code of Civil Procedure § 1021, the attorney’s fees provisions in the trust deed “are broad enough to…

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