Travelers Casualty & Surety Co. v. Pacific Gas & Electric Co.

MEMORANDUM **

Travelers Casualty and Surety Company (“Travelers”) appeals the judgment of the district court affirming the bankruptcy court’s denial of attorney fees. We affirm. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

Travelers argues that Fobian v. Western Farm Credit Bank (In re Fobian), 951 F.2d 1149 (9th Cir.1991), does not control this case and that Fobian was incorrectly decided. This appeal raises substantially the same issues as DeRoche v. Arizona Industrial Commission (In re DeRoche), 434 F.3d 1188 (9th Cir.2006). For the reasons set forth in our opinion in DeRoche, Travelers’ argument fails.

Travelers’ argument is weaker than the argument asserted in DeRoche. Travelers is attempting to recover fees in bankruptcy for objections to proposed reorganization plans and related bankruptcy proceedings. Travelers’ objection to the reorganization plan arose under 11 U.S.C. § 1125 , and claimed only that the debtor failed to provide the required “adequate *594 information” about the reorganization plan. Specifically, Travelers sought some assurance that its subrogation rights were being rendered…