Legal Opinion

In Re Carey

United States Bankruptcy Court, S.D. California

Decided February 20, 1981No. 19-00613PublishedCited by 46 opinions

1Opinion of the Court

MEMORANDUM OPINION REGARDING REIMBURSEMENT TO SECURED CREDITOR OF ATTORNEYS FEES AND OTHER COSTS

I

JAMES W. MEYERS, Bankruptcy Judge.

This controversy brings into question the availability of attorneys fees provided for in a secured instrument, to a creditor who has brought suit under the provisions of the United States Bankruptcy Code (“Code”). Acme Investment Company (“Acme”), a secured creditor of the debtors herein, brought suit against the debtors for relief from the automatic stay provisions of the Code. A final hearing was never held in that action, however, as Acme’s underlying…

2Cases cited8 opinions

  1. Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
  2. International Industries, Inc. v. OlenCalifornia Supreme Court · 1978
  3. Associated Convalescent Enterprises v. Carl Marks & Co.California Court of Appeal · 1973
  4. In Re Foster Iron Works, Inc.District Court, S.D. Texas · 1980
  5. Quaker Oats Company v. BurnettDistrict Court, E.D. Tennessee · 1968

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3Cited by46 opinions

  1. In Re Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986
  2. Unsecured Creditors' Committee 82-00261c-11a v. Walter E. Heller & Company Southeast, Inc., in Re K.H. Stephenson Supply Company, DebtorCourt of Appeals for the Fourth Circuit · 1985
  3. In Re JohnsonCourt of Appeals for the Ninth Circuit · 1985
  4. 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
  5. Dalessio v. Pauchon (In Re Dalessio)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987

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