Legal Opinion

In Re Schriock Construction, Inc., Debtor. First Western Bank & Trust v. Wayne Drewes, as Bankruptcy Trustee for Schriock Construction, Inc.

Court of Appeals for the First Circuit

Decided January 8, 1997No. 95-4005PublishedCited by 56 opinions

1Opinion of the Court

BEAM, Circuit Judge.

First Western Bank & Trust appeals the district court’s conclusion that the bankruptcy court properly denied First Western’s request for attorney’s fees and costs pursuant to 11 U.S.C. § 506(b). We reverse.

I. BACKGROUND

Beginning in 1991, First Western Bank & Trust extended several loans to Schriock Construction. The security agreement provided that Schriock would reimburse First Western “on demand for all costs of collection [of the loans] (including in each case all reasonable attorneys’ fees) incurred by [First Western] ..., including expenses incurred in any litigation…

2Cases cited16 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. In Re Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986
  4. Unsecured Creditors' Committee 82-00261c-11a v. Walter E. Heller & Company Southeast, Inc., in Re K.H. Stephenson Supply Company, DebtorCourt of Appeals for the Fourth Circuit · 1985
  5. Joseph F. Sanson Investment Co. v. 268 LimitedCourt of Appeals for the Ninth Circuit · 1986

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3Cited by56 opinions

  1. In Re Kord Enterprises Ii, a California Partnership, Debtor. Kord Enterprises Ii, a California Partnership v. California Commerce BankCourt of Appeals for the Ninth Circuit · 1998
  2. In Re WatermanUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  3. White v. Coors Distributing Co. (In Re White)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  4. Richard Garden, Jr. v. Central Nebraska Housing Corp.Court of Appeals for the Eighth Circuit · 2013
  5. Tri-State Financial, LLC v. First Dakota National BankCourt of Appeals for the Eighth Circuit · 2008

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

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