Legal Opinion
In Re Scarlet Hotels, LLC
Bankruptcy Appellate Panel of the Sixth Circuit
Decided August 22, 2008No. 08-8002PublishedCited by 11 opinions
1Opinion of the Court
OPINION
THOMAS H. FULTON, Bankruptcy Judge.
Scarlet Hotels, LLC (the “Debtor”) appeals the bankruptcy court’s order awarding attorneys’ fees and expenses to an oversecured creditor pursuant to § 506 of the Bankruptcy Code. 1
I. ISSUES ON APPEAL
The issues presented on appeal are (A) whether the bankruptcy court improperly placed the burden upon the Debtor to prove that the oversecured creditor’s requested fees were unreasonable; and (B) whether the bankruptcy court abused its discretion in reducing the creditor’s $507,046.43 in requested fees and expenses by only $37,200.00.
II. JURISDICTION AND…
2Cases cited19 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- Booher Enterprises v. Eastown Auto Co. (In Re Eastown Auto Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- United States Internal Revenue Service v. Mathews (In Re Mathews)Bankruptcy Appellate Panel of the Sixth Circuit · 1997
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Market Center East Retail Property, Inc. v. Lurie (In Re Market Center East Retail Property, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- Cupps & Garrison, LLC v. Rhiel (In Re Two Gales, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- In re Latshaw Drilling, LLCUnited States Bankruptcy Court, N.D. Oklahoma · 2012
- Dean v. Lane (In re Lane)Bankruptcy Appellate Panel of the Sixth Circuit · 2019
- In re Iowa Hotel Investors, LLCUnited States Bankruptcy Court, N.D. Iowa · 2011
6 more not listed; retrieve them via the Exa API.