Baroni
Baroni v. Wells Fargo Bank, N.A. (In re Baroni)
Opinion
Lead Opinion
Barash, J.
OPINION RE MOTION FOR ATTORNEYS’ FEES [DKT. 73]
I. INTRODUCTION
In April 2013, individual debtor Allana Baroni obtained confirmation of her second amended chapter 11 plan (the “Plan”). Case Dkt. 423. On the day of the plan confirmation hearing, but several weeks before entry of the confirmation order, Allana 1 filed this adversary proceeding, objecting to a secured claim asserted by Wells Fargo, N.A. (“Wells Fargo”) in the approximate amount of $800,000. Adv. Dkt. 1. After almost two years of litigation, the court entered summary judgment in favor of Wells Fargo. Adv. Dkt. 69.
Shortly thereafter, Wells Fargo filed a motion seeking attorneys’ fees pursuant to a fee-shifting provision in the prepetition loan documents on which Wells Fargo asserted its claim. Adv. Dkt. 73 (the “Fee Motion”). Wells Fargo seeks total fees and costs of $50,620.76. Adv. Dkt. 73, 105 & 141. At an initial hearing on May 13, 2015, the court indicated its intention to grant the attorneys’ fee request in favor of Wells Fargo — the prevailing party in the adversary proceeding — for the reasons stated on the record. The court, however, requested supplemental briefing on the question of how the fee award…