Legal Opinion
In Re Boyd
United States Bankruptcy Court, D. New Jersey
Decided December 9, 2008No. 17-33334PublishedCited by 3 opinions
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge.
INTRODUCTION
Before the court is a chapter 13 secured creditor’s fee application for post-petition, preconfirmation attorney’s fees incurred in the course of responding to the Debtor’s motion to modify its claim. The issue is whether a secured creditor is entitled to include these post-petition, preconfirmation attorney’s fees in its claim, essentially shifting its costs of litigation to the Debtor. Under § 1322(e) of the Bankruptcy Code “the amount necessary to cure the default, shall be determined in accordance with the underlying agreement and…
2Cases cited19 opinions
- W. R. Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic WorkersSupreme Court of the United States · 1983
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- McKeown-Brand v. Trump Castle Hotel & CasinoSupreme Court of New Jersey · 1993
- In the Matter of Taxman Clothing Company, Debtor. Appeal of Arthur Winer, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
- Gerald E. Fields v. Thompson Printing Company, Inc. Gilbert M. Thompson, Gerald E. Fields v. Thompson Printing Co Gilbert M. ThompsonCourt of Appeals for the Third Circuit · 2004
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3Cited by3 opinions
- In re MendezUnited States Bankruptcy Court, D. New Jersey · 2019
- In re SteinUnited States Bankruptcy Court, E.D. Pennsylvania · 2013
- Perkins, Chapter 7 Trustee v. BambergerUnited States Bankruptcy Court, D. New Jersey · 2023