Legal Opinion
In re 804 Congress, L.L.C.
United States Bankruptcy Court, W.D. Texas
Decided March 13, 2015No. CASE NO. 10-12184-TMDPublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
TONY M. DAVIS, UNITED STATES BANKRUPTCY JUDGE
This case is here on remand from the Fifth Circuit, which ordered this Court to detgrmine whether a foreclosure commission claimed by a substitute trustee and attorney fees claimed by a mortgagee, b.oth of which this Court earlier held unreasonable under section 506, nonetheless can and should be allowed under section 502. As discussed below, the substitute trustee’s claim is allowed under section 502 because the claim is enforceable under state law and does not fall within any of the section 502(b) exceptions. However, the…
2Cases cited54 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Stern v. MarshallSupreme Court of the United States · 2011
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Arthur Andersen & Co. v. Perry Equipment Corp.Texas Supreme Court · 1997
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3Cited by9 opinions
- In re WylyUnited States Bankruptcy Court, N.D. Texas · 2016
- Johnson v. Edwards Family P'ship, LP (In re Cmty. Home Fin. Servs., Inc.)United States Bankruptcy Court, S.D. Mississippi · 2018
- Studensky v. Buttery Co. (In re Argubright)United States Bankruptcy Court, W.D. Texas · 2015
- Frank Thomas Vallot and Barbara Butler VallotUnited States Bankruptcy Court, E.D. Louisiana · 2021
- In re FaisonUnited States Bankruptcy Court, E.D. North Carolina · 2017
4 more not listed; retrieve them via the Exa API.