IN RE WELZEL

Nos. 99-14875, 99-14876.

245 F.3d 1283 (2001)

In re Daniel A. WELZEL, Debtor. Daniel A. Welzel, Plaintiff-Appellee, v. Advocate Realty Investments, LLC, Defendant-Appellant. In re Daniel A. Welzel, Debtor. Advocate Realty Investments, LLC, Plaintiff-Appellant, v. Daniel A. Welzel, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

DECIDED March 29, 2001.


Attorney(s) appearing for the Case

John A. Christy, Schreeder, Wheeler & Flint, Atlanta, GA, Kenneth Lamar Royal, Royal & Vaughan, LC, Savannah, GA, for Advocate Realty Investments, LLC.

James Luther Drake, Jr., Karsman, Brooks & Callaway, P.C., Savannah, GA, for Daniel A. Welzel.

Before WILSON, COX and GIBSON, Circuit Judges.


GIBSON, Circuit Judge:

The issue in this case is whether the Bankruptcy Code preempts a Georgia statute authorizing a creditor to collect a fifteen-percent attorney's fee upon default and with proper notice. The debtor Daniel A. Welzel, Jr. objected to that portion of Advocate Realty Investments, LLC's claim which represents the statutory attorney's fees. The bankruptcy court sustained the objection in part and overruled it in part. The district court reversed and...

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