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Eastman National Bank v. Sun 'N Fun Waterpark LLC (In Re Sun 'N Fun Waterpark LLC)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided July 9, 2009No. BAP Nos. 08-095, 08-100. Bankruptcy No. 07-10074PublishedCited by 16 opinions

1Opinion of the Court

OPINION

BROWN, Bankruptcy Judge.

Appellant Eastman National Bank (“Bank”) appeals the bankruptcy court’s partial disallowance of its secured claim under 11 U.S.C. § 506(b), arguing the Bank’s claim for postpetition attorney’s fees, costs, and charges should have been allowed. Debtor Sun ‘N Fun Waterpark LLC (“Debtor”) cross-appeals, arguing the bankruptcy court should not have allowed the Bank’s prepetition attorney’s fees under § 506(b). Central to this dispute is the question of whether, under Oklahoma law, a secured creditor who obtains a foreclosure decree, but whose collateral has not yet…

2Cases cited14 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
  3. In Re Kord Enterprises Ii, a California Partnership, Debtor. Kord Enterprises Ii, a California Partnership v. California Commerce BankCourt of Appeals for the Ninth Circuit · 1998
  4. Rushton v. State Bank of Southern Utah (In Re Gledhill)Court of Appeals for the Tenth Circuit · 1999
  5. Youngman v. Fleet Bank, N.A. (In Re a & P Diversified Technologies Realty, Inc.Court of Appeals for the Third Circuit · 2006

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re Market Center East Retail Property, Inc.United States Bankruptcy Court, D. New Mexico · 2010
  2. Rupp v. Duffin (In Re Duffin)Bankruptcy Appellate Panel of the Tenth Circuit · 2011
  3. In re Latshaw Drilling, LLCUnited States Bankruptcy Court, N.D. Oklahoma · 2012
  4. Starion Financial v. McCormick (In re McCormick)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2014
  5. In re FordeUnited States Bankruptcy Court, S.D. New York · 2014

11 more not listed; retrieve them via the Exa API.

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