Legal Opinion
Welzel v. Advocate Realty Investments, LLC (In re Welzel)
Court of Appeals for the Eleventh Circuit
Decided December 17, 2001No. Nos. 99-14875, 99-14876PublishedCited by 11 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
This appeal requires us, as a matter of first impression in this circuit, to resolve two related issues under 11 U.S.C. § 506(b) (1994), a Bankruptcy Code provision that entitles oversecured creditors to *1311reasonable attorney’s fees, as part of their allowed secured claim, if the fees were provided for in the loan contract under which the claim arose. The first issue concerns whether the bankruptcy court should apply the § 506(b) reasonableness standard to contractually set attorney’s fees that vest pre-petition and that are enforceable under state law. If § 506(b) does so…
2Cases cited16 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Patterson v. ShumateSupreme Court of the United States · 1992
- Philbrook v. GlodgettSupreme Court of the United States · 1975
- United States v. NolandSupreme Court of the United States · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- In Re Leatherland Corp.United States Bankruptcy Court, N.D. Ohio · 2003
- In Re Friedman's, Inc.United States Bankruptcy Court, S.D. Georgia · 2006
- In Re NixonUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
- Brandywine Townhouses, Inc. v. Federal National Mortgage Ass'n (In re Brandywine Townhouses, Inc.)United States Bankruptcy Court, N.D. Georgia · 2014
6 more not listed; retrieve them via the Exa API.