The Return of the Solvent Debtor Doctrine?

The First Circuit recently added its weight to the list of authorities allowing as unsecured claims unreasonable prepayment penalties asserted by oversecured creditors, but, by implication, the court may have added further fuel to the debate regarding the allowability of claims by unsecured creditors for contractual, post-petition attorney fees ...

22 minute readJanuary 29, 2008 at 07:02 AM
By
Dion W. Hayes
Aaron G. McCollough
The Return of the Solvent Debtor Doctrine?

In the recent decision ofUPS Capital Business Credit v. Gencarelli (In re Gencarelli), 501 F.3d 1 (1st Cir. 2007), the First Circuit tackled the thorny bankruptcy issue

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