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Legal Opinion

In the Matter of Dp Partners Ltd. Partnership, Debtor. Hall Financial Group, Inc. v. Dp Partners, Ltd. Partnership Sussex Properties, Inc.

Court of Appeals for the Fifth Circuit

Decided February 28, 1997No. 95-11110PublishedCited by 89 opinions

1Opinion of the Court

POLITZ, Chief Judge:

This appeal requires the determination of the appropriate procedures for granting a creditor administrative fees, specifically attorney’s fees, under 11 U.S.C. § 503 of the Bankruptcy Code. Concluding that the courts a quo erred in their construction of that section we vacate the judgment appealed and remand for further proceedings consistent herewith.

Background

DP Partners Limited Partnership in 1993 filed a Chapter 11 petition after defaulting on note payments on real estate in Texas and Arizona. 1 DP filed its first plan of reorganization in February 1994, providing for…

2Cases cited12 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Crane v. CommissionerSupreme Court of the United States · 1947
  3. Demarest v. ManspeakerSupreme Court of the United States · 1991
  4. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  5. Michael Q. Lebron Michael C. Lebron Anthony Lebron v. Mechem Financial Inc. W. James Scott, Jr. Robert G. Dwyer, Trustee, W. James Scott, Jr.Court of Appeals for the Third Circuit · 1994

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3Cited by89 opinions

  1. Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
  2. St. Tammany Parish Ex Rel. Davis v. Federal Emergency Management AgencyCourt of Appeals for the Fifth Circuit · 2009
  3. CRG Partners Group, LLC v. Neary (In Re Pilgrim's Pride Corp.)Court of Appeals for the Fifth Circuit · 2012
  4. United States v. Roberto Lopez-Urbina Raul Badillo-RangelCourt of Appeals for the Fifth Circuit · 2005
  5. In Re: First Merchants Acceptance Corporation, Debtor v. J. C. Bradford & Co.Court of Appeals for the First Circuit · 2000

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