Post-Travelers Decisions Continue The Debate Regarding The Allowability Of Unsecured Creditors' Claims For Postpetition Attorneys' Fees.
Mondaq Business Briefing › Nbr. 2007, January 2007
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Post-Travelers Decisions Continue The Debate Regarding The Allowability Of Unsecured Creditors' Claims For Postpetition Attorneys' Fees.
Recently, in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., the U.S. Supreme Court resolved a conflict among the circuit courts of appeal by overruling the Ninth Circuit's Fobian rule, which dictated that attorneys' fees are not recoverable in bankruptcy for litigating issues "peculiar to federal bankruptcy law." In reaching its decision, the Supreme Court reasoned that the Fobian rule's limitations on attorneys' fees find no support in either section 502 of the bankruptcy Code or elsewhere. Perhaps more importantly, however, because the debtor did not raise such arguments below, the Supreme Court decl...
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