Kamai v. Long Beach Mortgage Co. (In re Kamai), 316 B.R. 544 (BAP 9th Cir. 2004)
The debtor appealed the Bankruptcy Court’s order conditioning the denial of a motion for relief from the automatic stay filed by Malcolm Cisneros on behalf of Long Beach Mortgage Company (“LBM”) upon the debtor making adequate protection payments, curing post-petition defaults, and paying late charges and attorneys’ fees. In affirming the Bankruptcy Court’s order, the Bankruptcy Appellate Panel of the Ninth Circuit held that the adequate protection order was final for purposes of appeal and held that LBM was entitled to attorneys’ fees as an oversecured creditor even though there was a second, junior mortgage on the property which, combined with LBM’s first mortgage, over-encumbered the property.
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