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IN RE HOOPAI

No. 07-15868.

581 F.3d 1090 (2009)

In the Matter of Lehua HOOPAI, Debtor, Countrywide Home Loans, Inc., Appellant, v. Lehua Hoopai, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2009.

Attorney(s) appearing for the Case

Brian C. Walsh and Cullen K. Kuhn, Bryan Cave LLP, St. Louis, MO, and Katherine M. Windler, Bryan Cave LLP, Santa Monica, CA, for the appellant.

Lissa D. Shults and Bradley R. Tamm, Shults & Tamm, LLP, Honolulu, HI, for the appellee.

Before: MARY M. SCHROEDER, RICHARD A. PAEZ, and N. RANDY SMITH, Circuit Judges.

PAEZ, Circuit Judge:

Countrywide Home Loans, Inc. appeals from the Bankruptcy Appellate Panel's vacature of a bankruptcy court order awarding Countrywide $83,542.87 in attorneys' fees and costs pursuant to Hawaii Revised Statutes section 607-14. Countrywide argues that it is entitled to the fees as an oversecured creditor pursuant to 11 U.S.C. § 506(b) (2000), or, alternatively, as the prevailing party pursuant to Hawaii state law, section 607-14. Because §...

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