Court Wrongly Disallows Lender's Post-Bankruptcy Legal Fee

By Michael Cook (December 8, 2017, 4:59 PM EST) -- "[T]he Bankruptcy Code does not permit [an undersecured] creditor ... to advance an unsecured claim for post-[bankruptcy] attorneys' fees," held the U.S. District Court for the Eastern District of North Carolina on Nov. 27, 2017. Summitbridge National Investments III v. Faison, 2017 U.S. Dist. LEXIS 195267, *8 (E.D. N. C. Nov. 27, 2017). Affirming the bankruptcy court, the district court agreed that "the [Bankruptcy] Code is most properly interpreted to allow only oversecured creditors to add post-[bankruptcy] attorneys' fees." Id., at *10....

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