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Legal Opinion

Transouth Financial Corporation of Florida v. Ralph Jennings Johnson, Vera Johnson

Court of Appeals for the Eleventh Circuit

Decided May 29, 1991No. 89-4036PublishedCited by 95 opinions

1Opinion of the Court

BIRCH, Circuit Judge:

Appellant TranSouth Financial Corporation of America (“TranSouth”) appeals from an order of the United States District Court for the Middle District of Florida (the “District Court”). The District Court refused to award attorney’s fees to Tran-South after TranSouth had been granted relief in a dischargeability proceeding pursuant to section 523(a)(2) of the Bankruptcy Code (“Section 523(a)(2)”). The question before this court is whether a creditor successful in a dischargeability proceeding may recover its attorney’s fees when such fees are provided for by the contract at…

2Cases cited19 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  3. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  4. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  5. Board of Ed. of Westside Community Schools (Dist. 66) v. MergensSupreme Court of the United States · 1990

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3Cited by95 opinions

  1. In Re Louis S. St. Laurent, Ii, Debtors. Louis S. St. Laurent, II v. William J. Ambrose and Patty A. AmbroseCourt of Appeals for the Eleventh Circuit · 1993
  2. In the Matter of John E. Mayer and Deborah Mayer, Debtors-Appellants v. Spanel International Ltd. And Bank One-Rockford, N.A., Creditors-AppelleesCourt of Appeals for the Seventh Circuit · 1995
  3. FCC National Bank v. Gilmore (In Re Gilmore)United States Bankruptcy Court, N.D. Alabama · 1998
  4. Chase Manhattan Bank, N.A. v. Ford (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 1995
  5. In the Matter of Robert Sheridan, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1997

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