Unsecured Creditors' Committee 82-00261c-11a v. Walter E. Heller & Company Southeast, Inc., in Re K.H. Stephenson Supply Company, Debtor
Court of Appeals for the Fourth Circuit
1Opinion of the Court
ERVIN, Circuit Judge:
This is an appeal from the district court’s reversal of a bankruptcy court’s award of attorney’s fees to an oversecured creditor. The bankruptcy court awarded attorney’s fees to Walter E. Heller and Company, Southeast, Inc. (hereinafter “Heller”), an oversecured creditor, under an attorney’s fee agreement with a bankrupt debtor in accordance with 11 U.S.C. § 506(b). The Unsecured Creditors’ Committee appealed, arguing that Heller's failure to comply with a state law notice requirement barred recovery of attorney’s fees. The district court reversed the award on the basis…
2Cases cited11 opinions
- United Virginia Bank v. Virginia Foundry Co. (In Re Virginia Foundry Co.)District Court, W.D. Virginia · 1981
- In Re CareyUnited States Bankruptcy Court, S.D. California · 1981
- ITT Industrial Credit Co. v. Scarboro (In Re Scarboro)District Court, M.D. Georgia · 1981
- In Re American Metals Corp.United States Bankruptcy Court, D. Kansas · 1983
- In Re BanksUnited States Bankruptcy Court, N.D. Alabama · 1982
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3Cited by78 opinions
- In Re Joanne G. Burns, Debtor. Joanne G. Burns v. United States of America, Acting by and Through the Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1989
- In Re Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986
- Joseph F. Sanson Investment Co. v. 268 LimitedCourt of Appeals for the Ninth Circuit · 1986
- In Re Schriock Construction, Inc., Debtor. First Western Bank & Trust v. Wayne Drewes, as Bankruptcy Trustee for Schriock Construction, Inc.Court of Appeals for the First Circuit · 1997
- Chase Manhattan Bank, N.A. v. Wonder Corp. of America (In Re Wonder Corp. of America)District Court, D. Connecticut · 1988
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