Significance Of Ogle V. Fidelity & Deposit Co. Of Md.
February 2, 2010, 1:36 PM EST
Law360, New York (February 2, 2010, 1:36 PM EST) -- Recently, the United States Court of Appeals for the Second Circuit became the second court of appeals to address the question of whether an unsecured creditor is entitled to an allowed claim for attorneys’ fees that are incurred post-petition when they are provided for by contract or nonbankruptcy statute.
This question was left unanswered by the United States Supreme Court in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., 549 U.S. 553 (2007).
In Travelers, the Supreme Court expressly overruled In...