In a recent ABI (American Bankruptcy Institute) article, John Theil, managing attorney of Stuart Maue’s bankruptcy group, writes about the “fair contemplation” test and attorneys’ fees claims.
His article focuses on the Castellino case and how the Ninth Circuit Court of Appeals affirmed the district court’s decision upholding the bankruptcy court’s denial of a post-discharge motion for attorneys’ fees. The underlying motion stemmed from pre-petition state court litigation brought by creditor against debtor. While the ruling was against the creditor, debtors should be keenly aware of the applicable law, as the Ninth Circuit’s detailed opinion makes it clear that the “fair contemplation” test can cut both ways.
For the full article, see News and Articles.