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IN RE JOSEPHS

No. 88 B 2095.

108 B.R. 654 (1989)

In re Annie Pearl JOSEPHS, Debtor.

United States Bankruptcy Court, N.D. Illinois, E.D.

December 19, 1989.

Attorney(s) appearing for the Case

Richard L. Hirsch, Bashaw & Associates, P.C., Hinsdale, Ill., for FNMA.

Rodney Hughes Brooks, Chicago, Ill., for debtor.

Jack McCullough, Chicago, Ill., Trustee.

MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Bankruptcy Judge.

This Chapter 13 case presents a narrow issue: whether an oversecured creditor's attorneys' fees and costs, incurred in pursuing an appeal of a novel legal issue, should be allowed as part of its secured claim under section 506(b) of the Bankruptcy Code (Title 11, U.S.C., the "Code"). For the reasons stated below, this court holds that such fees and costs should not be allowed.

FINDINGS OF...

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