IN RE CELOTEX CORP.

No. 98-3747.

227 F.3d 1336 (2000)

In re: CELOTEX CORP., Debtor. Speights & Runyan, Plaintiff-Appellant, v. Celotex Corp., U.S. Trustee, Kevin E. Irwin, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 18, 2000.


Attorney(s) appearing for the Case

Daniel A. Speights, Robert Norris Hill, Speights & Runyan, Hampton, SC, for Plaintiff-Appellant.

T. Patrick Tinker, U.S. Dept. of Justice, Washington, DC, Jeffrey W. Warren, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, Michael L. Scheier, Keating, Muething & Klekamp, P.L.L., Cincinnati, OH, Cynthia P. Burnette, Office of the U.S. Trustee, Tampa, FL, for Defendants-Appellees.

Before BIRCH, RONEY and FAY, Circuit Judges.


BIRCH, Circuit Judge:

This case presents an issue of first impression for this circuit. We must decide whether a creditor's attorney may recover fees and expenses for a "substantial contribution", 11 U.S.C. § 503(b)(3)(D), in a bankruptcy proceeding where the creditor has an adverse interest to the debtor. We hold that he may recover such fees and expenses. Accordingly, we REVERSE and REMAND.

I. BACKGROUND

Appellant, the law firm of Speights...

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