Summitbridge Nat'l Invs. III, LLC v. Faison
Court of Appeals for the Fourth Circuit
1Opinion of the Court
PAMELA HARRIS, Circuit Judge:
The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys' fees, if those fees are incurred after the filing of a bankruptcy petition but guaranteed by a pre-petition contract. We join other federal courts of appeals in holding that the Code does not preclude such claims. Accordingly, we reverse the contrary determination of the district court and remand for further proceedings.
I
From 2003 through 2012, Branch Banking and Trust Company ("BB&T") loaned $2.1 million to Ollie William Faison. To…
2Cases cited8 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- SNTL Corp. v. Centre InsuranceCourt of Appeals for the Ninth Circuit · 2009
- Ogle v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Second Circuit · 2009
- Official Committee of Unsecured Creditors v. Dow Corning Corp. (In Re Dow Corning Corp.)Court of Appeals for the Sixth Circuit · 2006
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- Emerald Grande, LLCUnited States Bankruptcy Court, N.D. West Virginia · 2019
- Hilgartner v. YagiDistrict Court, E.D. Virginia · 2022
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