HICKS v. E. T. LEGG & ASSOCIATES
(05/25/01 - No. D034398) Civil Code 2924c(e), and
2924g(d) do not prohibit the postponement of a foreclosure
sale for successive periods of five of fewer business days
during the period a sale is on hold because of an injunction
or bankruptcy stay.
Bankruptcy of Wytch, USBAP 9th,
Nos. 97-1089 and 79-1145, 7/1/98: 11 U.S.C. Section 349(b)
does reinstate a debtor’s prepetition property rights by
invalidating specified bankruptcy court orders, Section 349(b)
does not vacate orders for relief from the automatic stay
under 11 U.S.C. Section 362(d). real property sold 2 hours
after BK filed (chapter 7) property purchased by TP with no
knowledge of BK, LR brought action to annul stay, no objection
, relief granted. Case inadvertently dismissed, then
reinstated, DR’s argued that set aside earlier Order lifting
stay – BK Court and BAP did not agree – Order lifting stay
stands.
Post-Petition attorney fees based on pre-petition
contract: In re SNTL Corp., 571 F.3d 826, Bankr.
L. Rep. ¶ 81,515 (9th Cir., June 23, 2009), pages 154, 183
(case no. 08-60001) The Ninth Circuit Court of Appeals, in
a unanimous panel decision, affirmed, and adopted as its
own, In re SNTL Corp., 380 B.R. 204 (9th Cir. B.A.P.
2007), holding that an unsecured creditor may include, as
part of its claim, attorney’s fees incurred postpetition but
based on a prepetition contract. The opinion reasoned that
(1) Code § 506(b), permitting an oversecured creditor to
recover postpetition attorney’s fees, speaks only to the
secured status of a claim, and not to its allowability; (2)
the claim for attorney’s fees exists on the petition date,
although it is contingent and unliquidated, as the “right to
payment” exists on the petition date; thus, the claim is not
disallowed under Code § 502(b)(1), requiring a bankruptcy
court to “determine the amount of such claim ... as of the
date of the filing of the petition”; and (3) neither
United Sav. Ass'n of Texas v. Timbers of Inwood Forest
Associates, Ltd., 484 U.S. 365, 108 S. Ct. 626, 98 L.
Ed. 2d 740 (1988) (holding that an undersecured creditor
could not receive postpetition interest on the unsecured
portion of its debt) nor public policy mandated disallowance
of such a claim.
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