In Re Debtor Darin Davis
Opinion
Trial Court Opinion
I. INTRODUCTION
This case arises out of a contract dispute that began almost 20 years ago. In the early 2000s, Debtor/Appellee Darin Davis (“Davis”) entered into a contract with Appellant Asphalt Professionals, Inc. (“API”) that contained an attorneys’ fees provision. Eventually, a dispute arose between Davis and API, which resulted in years of litigation. In 2010, Davis declared chapter 7 bankruptcy. API brought various claims during the ensuing bankruptcy proceedings. When API lost on those claims, Davis moved to recover the attorneys’ fees he incurred defending against the claims. The bankruptcy court granted the motions for attorneys’ fees in four separate orders: The First, Second, Third, and Fourth Fee Orders. This appeal concerns the Fourth Fee Order, which was entered on April 10, 2020. For the following reasons, the Court AFFIRMS the bankruptcy court’s Fourth Fee Order. Il. FACTUAL BACKGROUND A. Davis Enters into a Subcontract with API on Behalf of T.O. Davis was a California licensed contractor and a developer of small real estate projects. In 2002, Davis formed an LLC called T.O. to develop a real estate project in Thousand Oaks, California known as the…