2(B) or Not 2(B)? Whether the Negative Implication of § 502(B) Requires Disallowance of Contractual Post-Petition Attorneys’ Fees in Bankruptcy (And Why There Should Be a New Majority Approach)
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This comment discusses the nonuniformity in the application of 502(b) to post-petition attorneys’ fees in bankruptcy. The comment analyzes the Supreme Court decision in Travelers, which avoided resolving the issue of whether post-petition fees are disallowed by the negative implication of § 506(b). The comment further analyzes the Texas majority view in In re Seda France that disallows attorneys’ fees. Finally, the comment explains the growing minority view that post-petition fees are allowable.