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IN RE MADDEN

BAP No. NC-94-2154-VRH. BK. No. 93-47110 J.

185 B.R. 815 (1995)

In re Joseph E. MADDEN, Debtor. IRMAS FAMILY TRUST, and Gloria and Peter S. Gold Revocable Intervivos Trust, Appellants, v. Joseph E. MADDEN, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 22, 1995.

Attorney(s) appearing for the Case

Mark Shinderman, Los Angeles, CA, for appellants.

David M. Sternberg, Walnut Creek, CA, for appellee.

Before VOLINN, RUSSELL and HAGAN, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge.

OVERVIEW

Prior to filing his chapter 11 petition, the debtor commenced a suit against defendants for breach of contract in a state court. After the filing, the debtor in possession voluntarily continued with the litigation. Ultimately, defendants prevailed and were awarded attorneys' fees pursuant to the contract. Defendants claimed administrative priority for the portion of fees incurred post-petition....

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