Legal Opinion
In Re Electric MacHinery Enterprises, Inc.
United States Bankruptcy Court, M.D. Florida
Decided July 6, 2007No. 8:03-bk-11047-MGWPublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER GRANTING DEBTOR’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO POST-PETITION ATTORNEYS’ FEES
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
The majority of courts have held that an unsecured creditor is not entitled to collect post-petition attorneys’ fees, costs, and other similar charges — even if there is an underlying contractual right to do so. Amwest Surety Insurance Company (“Am-west”) seeks to recover attorneys’ fees and costs incurred post-petition as part of its unsecured claim against the Debtor, Electric Machinery Enterprises, Inc. (“Debt- or”). In keeping with…
2Cases cited20 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Union Bank v. WolasSupreme Court of the United States · 1991
- Young v. Higbee Co.Supreme Court of the United States · 1945
- Randolph v. ScruggsSupreme Court of the United States · 1903
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- SNTL Corp. v. Centre InsuranceCourt of Appeals for the Ninth Circuit · 2009
- Centre Insurance v. SNTL Corp. (In Re SNTL Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In re 804 Congress, L.L.C.United States Bankruptcy Court, W.D. Texas · 2015
- In re Old Colony, LLCUnited States Bankruptcy Court, D. Massachusetts · 2012
- In re Racing Servs., Inc.United States Bankruptcy Court, D. North Dakota · 2018
11 more not listed; retrieve them via the Exa API.