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· 6/23/2009

SNTL Corp. v. Centre Insurance

Citations

  • 571 F.3d 826
  • 2009 U.S. App. LEXIS 13456
  • 2009 WL 1758759

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying fair contemplation test to assess whether claim arose prepetition for attorney’s fees accrued postpetition but arising from a prepetition contract
  • determining first that § 506(b) is “irrelevant to determining the allowability of an unsecured claim” and then that there’s nothing explicit in the Bankruptcy Code that carves out yet-to-be- incurred fees from claim allowance
  • “[W]e reject the position ... that section 502(b) precludes such fees.”
  • “[W]e ‘must find a basis in section 502 to disallow a claim, and absent such basis, we must allow it.’” (quoting Wells Fargo Fin. Acceptance v. Rodriguez (In re Rodriguez), 375 B.R. 535, 545 (9th Cir. BAP 2007), citing Travelers, 549 U.S. at 443)

Source: CourtListener parenthetical corpus (CC0).

Judges: Andrew, Barry, Cynthia, Hall, Holcomb, Kleinfeld, Montali, Silverman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.