Legal Opinion
In Re David N. Rausch, Inc.
United States Bankruptcy Court, D. South Dakota
Decided August 31, 1984No. 19-40023PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
The above-entitled matter is before the Court on the application of First Bank Gettysburg for attorney’s fees under 11 U.S.C. § 506(b). The debtors and the United States Trustee have filed objections.
Section 506(b) of the Bankruptcy Code allows an oversecured creditor to add reasonable fees, among other things, to the value of its claim if the agreement under which the claim arose so provides. Thus, the bank has to meet a three-part test before it is entitled to add attorney’s fees to its claim: (1) prove that it is oversecured in excess of…
2Cases cited5 opinions
- Midland Mutual Life Insurance v. Masnorth Corp. (In Re Masnorth Corp.)United States Bankruptcy Court, N.D. Georgia · 1983
- In Re American Metals Corp.United States Bankruptcy Court, D. Kansas · 1983
- Matter of Elmwood Farm, Inc.United States Bankruptcy Court, S.D. New York · 1982
- In Re RutherfordUnited States Bankruptcy Court, N.D. Illinois · 1983
- LHD Realty Corp. v. National Life Insurance Co. (In Re LHD Realty Corp.)United States Bankruptcy Court, S.D. Indiana · 1982
3Cited by9 opinions
- In Re Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986
- In Re FoertschUnited States Bankruptcy Court, D. North Dakota · 1994
- In Re MillsUnited States Bankruptcy Court, S.D. New York · 1987
- In Re NordmannUnited States Bankruptcy Court, D. South Dakota · 1986
- In Re ColvinUnited States Bankruptcy Court, D. Utah · 1986
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