In re Bradley Edward Koeberer and Nancy Louise Koeberer

Good Law
United States District Court, Northern District of CaliforniaDecember 20, 20223:22-cv-02097California2,443 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CALIFORNIA BANK OF COMMERCE Case No. 22-cv-02097-JSC

Appellant,

ORDER RE: APPEAL FROM

v. BANKRUPTCY COURT

BRADLEY EDWARD KOEBERER, et al. Appellees.

12 California Bank of Commerce appeals from a bankruptcy court order awarding attorneys’ fees and costs to debtors Bradley Edward Koeberer and Nancy Louise Koeberer. (Dkt. Nos. 1, 3.) After carefully considering the briefing, (Dkt. Nos. 8, 12, 13, 16), and with the benefit of oral argument on December 20, 2022, the Court AFFIRMS in part and VACATES and REMANDS in part. The bankruptcy court correctly concluded the Koeberers were entitled to some fees and costs incurred on appeal to the Bankruptcy Appellate Panel (“BAP”), however, it did not sufficiently explain the basis for the amount awarded. BACKGROUND In the course of their Chapter 7 bankruptcy case, the Koeberers filed a motion for contempt asserting the Bank had willfully violated the automatic stay…

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