Law360, New York (November 2, 2007, 12:00 AM EDT) -- When the U.S. Supreme Court overruled the Ninth Circuit's so-called Fobian rule in the Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co. decision in March 2007, it left for another day the question of whether unsecured creditors could recover, as part of their unsecured claims, post-petition attorneys’ fees incurred during the course of the bankruptcy case.
Early Decisions Take Different Views
Since the Travelers decision, two bankruptcy courts have issued decisions but have come to different conclusions on that question....
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