Thursday, September 13, 2012

Summary 2012 WY 116

Summary of Decision September 5, 2012

Justice Golden delivered the opinion for the Court. Affirmed.

Docket Number: S-12-0021

Appeal from the District Court of Natrona County, Honorable Catherine E. Wilking, Judge.

Representing Appellant: Stephen R. Winship of Winship & Winship, P.C., Casper, Wyoming

Representing Appellee: Thomas M. Hogan, Attorney at Law, Casper, Wyoming

Date of Decision: September 5, 2012
Facts: In 2005, the Wyo Central Federal Credit Union (Credit Union) filed an action in state district court against Mark Broderick (Broderick) seeking judgment and foreclosure on a note and mortgage on which Broderick had defaulted.  Broderick immediately filed a Chapter 13 bankruptcy petition, which stayed the Credit Union’s state court action.   Following the conclusion of the bankruptcy proceedings, which cured Broderick’s original default under the note and mortgage but did not discharge the debt, Broderick again defaulted on the note.  In 2010, the Credit Union amended its original complaint and again sought judgment and foreclosure on its note and mortgage.  The district court granted the Credit Union summary judgment both on the amount the Credit Union demanded as due and owing under the note and on the attorney fees and costs it requested pursuant to the mortgage enforcement terms.  Affirmed.

Issues:  Broderick presents the following issues on appeal, all of them relating to the award of attorney fees and costs:

1.         Whether the determination by a state court of an oversecured creditor’s attorney fees incurred in a bankruptcy proceeding is subject to the Preemption Doctrine?

2.         Whether Appellee should be denied its attorney fees by its failure to submit these fees to the Bankruptcy Court for approval?

3.         Whether Appellee proved its damages with a reasonable degree of certainty?
Holdings: The district court acted within its discretion in its award of fees and costs to the Credit Union, and its order did not violate bankruptcy law or procedure.  Affirmed.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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