IN RE GLEDHILL

No. 97-4131.

164 F.3d 1338 (1999)

In re John H. GLEDHILL; Gloria K. Gledhill, dba Big Rock Candy Mountain, Debtor, Kenneth A. Rushton, Trustee, Appellee, v. State Bank of Southern Utah, Appellant.

United States Court of Appeals, Tenth Circuit.

January 20, 1999.


Attorney(s) appearing for the Case

Steven T. Waterman and Steven W. Call, of Ray, Quinney & Nebeker, Salt Lake City, Utah, for the appellant.

Adam S. Affleck (Michael N. Zundel, with him on the brief), of Jardine Linebaugh & Dunn, Salt Lake City, Utah, for the appellee.

Before BRISCOE, McKAY, and LUCERO, Circuit Judges.


BRISCOE, Circuit Judge.

State Bank of Southern Utah appeals the district court's ruling denying the Bank's request for post-petition attorney fees and costs under 11 U.S.C. § 506(b). The district court held post-petition attorney fees and costs could be recovered under § 506(b) only if a consensual agreement underlying the allowed secured claim expressly provided for such recovery. We affirm.

In 1978, the Bank loaned $120,000 to John H. Gledhill...

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