IN RE ELY

Bankruptcy No. 3-81-00823.

28 B.R. 488 (1983)

In re Leo ELY d/b/a Leo Ely Real Estate and Insurance, Gatlinburg Mini Warehouse, Arts and Crafts Distributors, E & H Contractors, Debtor.

United States Bankruptcy Court, E.D. Tennessee.

March 9, 1983.


Attorney(s) appearing for the Case

Child, O'Connor & Petty, R.M. Child, Knoxville, Tenn., for debtor.

John H. Fowler, Knoxville, Tenn., for Sevier County Bank.


MEMORANDUM AND ORDER

CLIVE W. BARE, Bankruptcy Judge.

The liability of a chapter 13 debtor for the payment of a secured creditor's attorney fee incurred in successfully defending an adversary proceeding for breach of contract, commenced by the debtor, is at issue. The secured creditor contends these attorney fees should be included in the amount of its secured claim pursuant to its contractual rights found in the debtor's notes and deeds of trust. The debtor...

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