In re Kamai, 316 B.R. 544 (9th Cir. BAP 2004)

Mortgagee moved for relief from stay. The United States Bankruptcy Court for the District of Nevada, Robert Clive Jones, J., denied motion, but on condition that debtors make adequate protection payments and directed debtors to pay mortgagee's attorney fees. Debtors appealed.

Holdings: The Bankruptcy Appellate Court, Smith, J., held that:

bankruptcy court order denying creditor's motion for relief from stay on condition that debtor make adequate protection payments, and without prejudice to creditor's ability to seek stay relief in future, was "final order," from which appeal would lie;

mortgagee was oversecured creditor, that was entitled to reasonable attorney fees; and

debtors could not, for first time on appeal, object to mortgagee's failure to present evidence of its contractual right to attorney fees.