Law360, New York ( August 3, 2011, 12:41 PM EDT) -- Bankruptcy courts have long debated the issue of whether an unsecured creditor can recover post-petition legal fees under the Bankruptcy Code. In the recent decision of In re Seda France Inc., Justice Craig A. Gargotta of the United States Bankruptcy Court for the Western District of Texas denied an unsecured creditor's claim for post-petition fees. In doing so, the court has once again left the unsecured creditor with a bad taste in its mouth by declaring that an unsecured creditor seeking post-petition fees is asking permission to have its cake (a claim for principal, interest and prepetition legal fees under applicable loan documents) and eat it too (a claim for post-petition legal fees)....
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