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IN RE SCHLECHT

Adv. No. 3-83-0144.

36 B.R. 236 (1983)

In re William SCHLECHT, aka Bill Schlecht, dba The Boot, Debtor, William SCHLECHT, Plaintiff, v. STATE OF ALASKA, represented by the Director of Veteran's Affairs; First National Bank of Anchorage: First National Bank of Anchorage, Trustee for Phina Bowers; National Association of Credit Management, Western Washington Alaska; Albert Kessler & Co.; Pacific Western Seafoods, Inc., and other parties in interest, Defendants.

United States Bankruptcy Court, D. Alaska.

December 31, 1983.

Attorney(s) appearing for the Case

Peter W. Giannini of Giannini & Associates, Anchorage, Alaska, for plaintiff debtor, William Schlecht.

James D. Sourant of Sourant & Strandberg, Anchorage, Alaska, for The First Nat. Bank of Alaska, trustee for Phina Bowers.

OPINION

J. DOUGLAS WILLIAMS, II, Bankruptcy Judge.

The issue before the Court is whether, subsequent to obtaining a state court judicial foreclosure judgment, The First National Bank of Anchorage, as trustee for Phina Bowers, is entitled, by reason of a provision for attorney's fees in the note which originally created the debt, to recover attorney's fees from the bankruptcy estate pursuant to Section 506(b) of the Bankruptcy Code (11 U.S.C. § 101 ...

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