July 2007
Attorneys’ Fees Preserved In Bankruptcy CasesSupreme Court Strikes Down the Ninth Circuit’s Fobian Rule
By John H. Bae and Philip John Nichols
This article discusses the development of the Fobian rule and other courts’ treatment of it. The article also summarizes the Supreme Court’s reasoning in abrogating the rule in Travelers Casualty & Surety Co. v. Pacific Gas & Electric Co. (In re Pacific Gas & Electric Co.), 549 U.S. ____, 127 S. Ct. 1199 (2007).
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