Legal Opinion

In Re Smith

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 21, 1987No. 15-16636PublishedCited by 15 opinions

1Opinion of the Court

OPINION

BRUCE FOX, Bankruptcy Judge:

In this contested chapter 13 bankruptcy matter, a secured creditor has filed a proof of claim, seeking reimbursement from the debtors for prepetition and postpetition legal expenses it incurred. Through the proof of claim, the creditor, like many other mortgage lenders involved in chapter 13 bankruptcy cases, is attempting to pass on to its borrowers the costs it has incurred in attempting to enforce its rights under the mortgage obligation. The debtors have objected to the request.

This case illustrates why creditors seeking to collect attorney’s fees and…

2Cases cited19 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  4. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  5. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1987

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3Cited by15 opinions

  1. Galloway v. Long Beach Mortgage Co. (In Re Galloway)United States Bankruptcy Court, E.D. Pennsylvania · 1998
  2. In Re GranCourt of Appeals for the Eighth Circuit · 1992
  3. In Re OlickUnited States Bankruptcy Court, E.D. Pennsylvania · 1998
  4. In Re Gordon-BrownUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  5. Ford v. Fidelity Consumer Discount Co. (In Re Young)United States Bankruptcy Court, E.D. Pennsylvania · 1987

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

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