In re: Marat Timurshin

Filing 21

ORDER ON APPEAL. Appellee's motion for attorney fees (Dkt. No. 19 ) is DENIED. Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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In re:

CASE NO. C17-1189-JCC

MARAT TIMURSHIN

Bankruptcy Case No: 17-12798

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ORDER ON APPEAL
Debtor.

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MARAT TIMURSHIN,

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Appellant,

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v.
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NATALIA SMAGINA,
Appellee

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This matter comes before the Court on Appellee’s motion for attorney fees (Dkt. No. 19).
Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral
argument unnecessary and hereby DENIES the motion for the reasons explained herein.
In general, parties bear their own attorney fees. See Fed. R. Civ. P. 54(d)(2); MRO
Communs., Inc. v. AT&T Co., 197 F.3d 1276, 1281 (9th Cir. 1999) (“Rule 54(d)(2) … gives
effect to the ‘American Rule’ that each party must bear its own attorneys’ fees in the absence of
ORDER ON APPEAL
C17-1189-JCC
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a rule, statute, or contract authorizing such an award.”). There exists no general right to recover

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attorney fees in the Bankruptcy Code. Seyed Shahram Hosseini v. Key Bank N.A. (In re Seyed

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Shahram Hosseini), 504 B.R. 558, 568 (B.A.P. 9th Cir. 2014).

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Here, Appellee grounds her request for attorney fees in Federal Rule of Bankruptcy

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Procedure 8021, which pertains to costs taxable in bankruptcy court. (Dkt. No. 19 at 1–2); Fed.

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R. Bankr. P. 8021(c). That provision does not apply to attorney fees, and Appellee does not

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request costs in her motion. (Dkt. No. 19.) Appellee also cites to Federal Rule of Civil Procedure

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54, but that Rule does not provide a basis for attorney fees—it merely outlines the procedure for

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requesting such an award. (Id.); see Fed. R. Civ. P. 54.

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For the foregoing reasons, Appellee’s motion for attorney fees (Dkt. No. 19) is DENIED.

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DATED this 22nd day of February 2018.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER ON APPEAL
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