The bankruptcy court granted the bank’s motion for attorney fees, provided for in the loan documents, under §506(b). However, the earlier settlement between the debtor and the bank that determined the amount of the bank’s allowed secured claim essentially rendered this fee decision “a hollow undertaking” because the fees were effectively disallowed by the settlement as not chargeable to the debtor or any collateral owned by the debtor, so this decision “will not affect the bankruptcy case in the slightest.” The court noted that if it disallowed the $295,000 in fees as unreasonable, those fees might still be allowed as an unsecured claim, and a disallowance under federal law may not be preclusive under state law. Accordingly, the court held: “Regarding the fees and costs, considering the unique circumstances of the case, specifically including the fact the fees will not be paid, the fees are ‘reasonable’ under federal law solely for purposes of a Chapter 12 plan under 11 U.S.C. § 506(b). The court makes no determination as to whether the fees are reasonable under state law[.] . . . The debtors are not personally obligated to pay more than th[e] recourse obligation amount [in the settlement agreement] and the bank is not entitled to any distribution as an unsecured creditor.”
Date:
Friday, September 12, 2025
Judge:
Judge Brian S. Kruse