Legal Opinion
Rushton v. State Bank of Southern Utah (In Re Gledhill)
Court of Appeals for the Tenth Circuit
Decided January 20, 1999No. 97-4131PublishedCited by 40 opinions
1Opinion of the Court
BRISCOE, Circuit Judge.
State Bank of Southern Utah appeals the district court’s ruling denying the Bank’s request for post-petition attorney fees and costs under 11 U.S.C. § 506(b). The district court held post-petition attorney fees and costs could be recovered under § 506(b) only if a consensual agreement underlying the allowed secured claim expressly provided for such recovery. We affirm.
In 1978, the Bank loaned $120,000 to John H. Gledhill and Gloria K. Gledhill for construction of a service station in Sevier County, Utah. The loan was secured by a note and trust deed on the property.…
2Cases cited9 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lewis R. Robinson v. Missouri Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1994
- Lincoln Savings Bank, FSB v. Suffolk County Treasurer (In re Parr Meadows Racing Ass'n)Court of Appeals for the Second Circuit · 1989
- In the Matter of Martha Jo Pointer, Debtor. City of Farmers Branch and Carrollton-Farmers Branch Independent School District v. Martha Jo PointerCourt of Appeals for the Fifth Circuit · 1992
- United States v. Karen Sue FrederickCourt of Appeals for the Tenth Circuit · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Office of Thrift Supervision v. Overland Park Financial Corp.Court of Appeals for the Tenth Circuit · 2001
- Allen v. Geneva Steel Co. (In Re Geneva Steel Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2001
- Citifinancial Auto v. Hernandez-SimpsonDistrict Court, D. Kansas · 2007
- Duncan v. Zubrod (In Re Duncan)Bankruptcy Appellate Panel of the Tenth Circuit · 2003
- In Re Leatherland Corp.United States Bankruptcy Court, N.D. Ohio · 2003
35 more not listed; retrieve them via the Exa API.