Attorneys' Fees Preserved In Bankruptcy Cases

This article discusses the development of the <i>Fobian</i> rule and other courts' treatment of it. The article also summarizes the Supreme Court's reasoning in abrogating the rule in <i>Travelers Casualty &amp; Surety Co. v. Pacific Gas &amp; Electric Co. (In re Pacific Gas &amp; Electric Co.)</i>, 549 U.S. ____, 127 S. Ct. 1199 (2007).

24 minute read June 27, 2007 at 10:34 AM
By
John H. Bae and Philip John Nichols
Attorneys' Fees Preserved In Bankruptcy Cases

Until recently, courts were split over whether parties may recover attorneys' fees for litigation in a bankruptcy case under applicable non-bankruptcy law.

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