Legal Opinion

Trauner v. State Bank & Trust Co. (In re Solid Rock Development Corp.)

United States Bankruptcy Court, N.D. Georgia

Decided September 27, 2012No. Bankruptcy No. 10-72777-WLH; Adversary No. 12-5238PublishedCited by 1 opinion

1Opinion of the Court

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

WENDY L. HAGENAU, Bankruptcy Judge.

This matter is before the Court on the cross motions for summary judgment filed by the Plaintiff Trustee and Defendant secured creditor. The Trustee’s Complaint seeks to recover the amount of the Defendant’s credit bid in a foreclosure sale conducted after stay relief was granted, consisting of statutory attorney’s fees in excess of the fees allowable under the Eleventh Circuit’s decision in Welzel v. Advocate Realty Invs. (In re Welzel), 275 F.3d 1308 (11th Cir.2001). For the reasons stated below, the Court grants…

2Cases cited15 opinions

  1. Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
  2. Patrick E. Catalano v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2002
  3. Old West Annuity and Life Ins. Co. v. Apollo GroupCourt of Appeals for the Eleventh Circuit · 2010
  4. In Re Ridgemont Apartment AssociatesUnited States Bankruptcy Court, N.D. Georgia · 1989
  5. Bank of America National Trust & Savings Ass'n v. Virginia Hill Partners I (In Re Virginia Hill Partners I)United States Bankruptcy Court, N.D. Georgia · 1989

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3Cited by1 opinion

  1. Louis Michael GoldbergUnited States Bankruptcy Court, E.D. North Carolina · 2020

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