Legal Opinion

In Re Hunter

United States Bankruptcy Court, W.D. Arkansas

Decided November 13, 1996No. Bankruptcy 95-16098 SPublishedCited by 9 opinions

1Opinion of the Court

ORDER RE ATTORNEYS FEES

MARY D. SCOTT, Bankruptcy Judge.

THIS CAUSE is before the Court upon Quality Unlimited Enterprises, Inc.’s objection to confirmation. The issue before the Court is whether this creditor is entitled to its attorneys fees.

Known as the “American rule,” it is a general precept that parties in litigation are not entitled to recover their attorneys fees from their opposing party. There are exceptions to this rule, however. For example, the courts will award reasonable attorneys fees based upon contracts which provide for payment of such fees in the event of litigation. In…

2Cases cited2 opinions

  1. 6 Collier bankr.cas.2d 321, Bankr. L. Rep. P 69,005 in Re United Merchants and Manufacturers, Inc., Debtors. United Merchants and Manufacturers, Inc., Debtors-Appellees v. The Equitable Life Assurance Society of the United States and John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Second Circuit · 1982
  2. Tri-State Homes, Inc. v. Mears (In Re Tri-State Homes, Inc.)United States Bankruptcy Court, W.D. Wisconsin · 1985

3Cited by9 opinions

  1. Pride Companies, L.P. v. Johnson (In Re Pride Companies, L.P.)United States Bankruptcy Court, N.D. Texas · 2002
  2. Brattleboro Housing Authority v. Parker (In Re Parker)District Court, D. Vermont · 2001
  3. In Re GjestvangUnited States Bankruptcy Court, E.D. Arkansas · 2009
  4. In Re JohnsonUnited States Bankruptcy Court, E.D. Arkansas · 2011
  5. Fowler v. First State Bank (In Re Fowler)United States Bankruptcy Court, W.D. Arkansas · 2008

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