Bankr. No.:
04-10273
Chapter:
11
Date of Decision:
August 22, 2005
Issue:
Whether creditor who included attorneys’ fees and costs as part of its proof of claim pursuant to 11 U.S.C. § 506(b) had to file an application for fees under Fed.R.Civ.P. 2016(b) before the deadline for filing an administrative expense?
Ruling:
The creditor’s request for attorneys’ fees and other costs under § 506(b) was part of the creditor’s proof of claim, not an administrative expense against the estate. Thus, the creditor did not have to meet any deadline that had been set for administrative expense claims. That the creditor filed an application for fees akin to an application under Rule 2016(a) was appropriate since Debtor had objected to the creditor’s claim on several grounds regarding the fees and costs requested under § 506(b).
Full Bankruptcy Court Decision:
