Legal Opinion

Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 25, 2003No. BAP No. NV-02-1230-BKBu. Bankruptcy No. 01-33415-GWZPublishedCited by 214 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

We are presented in this appeal with one facet of the problem of how a creditor’s bankruptcy-related charges are to be determined for purposes of fixing the “reasonable fees, costs, or charges” allowable under § 506(b) 2 or the amount necessary to cure a default under § 1322(b). This procedural issue often appears, as in this instance, in small (less than $1,000) bites, but may have multi-million dollar ramifications. Neither the Bankruptcy Code nor the Federal Rules of Bankruptcy Procedure provide straightforward answers.

Although we reject appellant debtors’…

2Cases cited15 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  3. United States v. FruehaufSupreme Court of the United States · 1961
  4. Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. Garner v. Shier (In Re Garner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000

10 more not listed; retrieve them via the Exa API.

3Cited by214 opinions

  1. Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. Ellsworth v. Lifescape Medical Associates, P.C. (In Re Ellsworth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. Barnes v. Belice (In Re Belice)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  4. Sanchez v. Ameriquest Mortgage Co. (In Re Sanchez)United States Bankruptcy Court, S.D. Texas · 2007
  5. Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008

209 more not listed; retrieve them via the Exa API.

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