After Travelers, Courts Still Need Directions

Law360 (July 9, 2007, 12:00 AM EDT) -- Few things can put uncertainty in bankruptcy practice to rest better than a clear and complete unanimous decision by the United States Supreme Court. Conversely, few things can lead to extensive litigation more than the Supreme Court’s defining a bankruptcy battleground and then ducking for cover.

In that light, the Supreme Court’s technical basis for expressing no opinion on a central and critical issue relating to the ability of unsecured claimants to add contractually provided attorneys’ fees incurred in post-petition litigation to their claims in Travelers...
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