Wepsic
Wepsic v. Josephson (In re Wepsic)
Opinion
Lead Opinion
Hargrove, J.
MEMORANDUM DECISION
At issue is debtor Diane Mannion Wep-sic’s (“Wepsic”) request for her costs and *484 attorney fees pursuant to 15 U.S.C. § 1640 (a).
This Court has jurisdiction to determine this matter pursuant to 28 U.S.C. §§ 1334 and 157(b)(1) and General Order No. 312-D of the United States District Court for the Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(B) and (K).
FACTS
The facts set forth in this Court’s September 1, 1998, Memorandum Decision are incorporated herein. This Court granted partial summary judgment in favor of Wepsic and found that creditor Jackie Josephson (“Josephson”) violated the Truth in Lending Act (“TILA”). As the prevailing party, Wepsic is entitled to her costs and reasonable attorney fees as determined by this Court. Wepsic seeks costs in the amount of $217.27 and attorney fees in the amount of $51,473.02.
On March 23, 1999, this Court held a hearing and took the matter under submission.
DISCUSSION
15 U.S.C. § 1640 (a)(3) provides that in a case of a successful action to enforce a right of rescission, “the costs of the action, together with a reasonable attorney’s fee as determined by the…