Legal Opinion
In Re 1095 Commonwealth Avenue Corp.
United States Bankruptcy Court, D. Massachusetts
Decided January 21, 1997No. 19-40345PublishedCited by 26 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON MOTION OF CITIZENS BANK OF MASSACHUSETTS FOR APPROVAL OF INTEREST AND REASONABLE FEES, COSTS, AND CHARGES PURSUANT TO SECTION 506(b)
CAROL J. KENNER, Chief Judge.
The motion before the Court presents two principal issues: whether a two-tiered fee agreement between a lender bank and its counsel, which prescribes one rate for services paid for by the bank and a higher rate for the same services when the borrower reimburses the bank for its attorney’s fees, is enforceable against the debtor under § 506(b) of the Bankruptcy Code; and whether the bank’s failure to disclose…
2Cases cited10 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Edsel Gusman, Cross-Appellant v. Unisys Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1993
- Northern Heel Corp. v. Compo Industries, Inc.Court of Appeals for the First Circuit · 1988
- In Re Bank of New England Corp.United States Bankruptcy Court, D. Massachusetts · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In Re Vest AssociatesUnited States Bankruptcy Court, S.D. New York · 1998
- In Re AnolikUnited States Bankruptcy Court, D. Massachusetts · 1997
- Marshall v. Bourque (In Re Hartman)United States Bankruptcy Court, D. Massachusetts · 1997
- In Re 785 Partners LLCUnited States Bankruptcy Court, S.D. New York · 2012
- In Re AE Hotel VentureUnited States Bankruptcy Court, N.D. Illinois · 2005
21 more not listed; retrieve them via the Exa API.