Legal Opinion

Great Western Savings v. Dominguez (In Re Dominguez)

United States Bankruptcy Court, C.D. California

Decided July 26, 1985No. Bankruptcy No. SB 84-03664 WH, Ref. No. M5-0531 WHPublishedCited by 6 opinions

1Opinion of the Court

AMENDED MEMORANDUM OF DECISION

DAVID N. NAUGLE, Bankruptcy Judge.

Movant, Great Western Savings (“Great Western”), has submitted a claim for attorney’s fees in the amount of $3,297.55 for services performed in relation to its action for relief from the automatic stay. Eleven U.S.C. § 506(b) states that the holder of an “oversecured” claim “shall be allowed ... any reasonable fees, costs or charges provided for under the agreement under which such claim arose.” Great Western’s promissory note and deed of trust both provide for the recovery of “reasonable” attorney’s fees expended in protecting…

2Cases cited4 opinions

  1. In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & ScrippsCourt of Appeals for the Ninth Circuit · 1985
  2. Rose Pass Mines, Inc. v. HowardCourt of Appeals for the Fifth Circuit · 1980
  3. In Re CareyUnited States Bankruptcy Court, S.D. California · 1981
  4. In Re Neil Properties, Inc.District Court, S.D. California · 1966

3Cited by6 opinions

  1. Meritor Mortgage Corp. v. Salazar (In Re Salazar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  2. In Re BrunelUnited States Bankruptcy Court, D. Colorado · 1985
  3. In Re Southeast Co.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  4. Matter of Lane Poultry of Carolina, Inc.United States Bankruptcy Court, M.D. North Carolina · 1986
  5. Pasatiempo Properties v. LeMarquis Associates (In Re LeMarquis Associates)United States Bankruptcy Court, E.D. California · 1986

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