In Re Carey
United States Bankruptcy Court, S.D. California
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
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- International Industries, Inc. v. OlenCalifornia Supreme Court · 1978
- Associated Convalescent Enterprises v. Carl Marks & Co.California Court of Appeal · 1973
- In Re Foster Iron Works, Inc.District Court, S.D. Texas · 1980
- Quaker Oats Company v. BurnettDistrict Court, E.D. Tennessee · 1968
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3Cited by46 opinions
- In Re Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986
- 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
- In Re JohnsonCourt of Appeals for the Ninth Circuit · 1985
- 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
- Dalessio v. Pauchon (In Re Dalessio)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
41 more not listed; retrieve them via the Exa API.