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IN RE WELZEL

Nos. 99-14875, 99-14876.

275 F.3d 1308 (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, Kenneth L. Royal, Plaintiff, v. Daniel A. Welzel, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 17, 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 Welzel.

Brian C. Walsh, Sarah Robinson Borders, King & Spalding, Atlanta, GA, for Amicus Curiae.

Before TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, MARCUS and WILSON, Circuit Judges, and COX, Senior Circuit Judge.

BIRCH, Circuit Judge:

This appeal requires us, as a matter of first impression in this circuit, to resolve two related issues under 11 U.S.C. § 506(b) (1994), a Bankruptcy Code provision that entitles oversecured creditors to reasonable attorney's fees, as part of their allowed secured claim, if the fees were provided for in the loan contract under which the claim arose. The first issue concerns whether the bankruptcy...

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