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IN RE I-MIND EDUC. SYSTEMS, INC.

No. 01-10481.

269 B.R. 47 (2001)

In re I-MIND EDUCATION SYSTEMS, INC., Debtor.

United States Bankruptcy Court, N.D. California.

September 30, 2001.

Attorney(s) appearing for the Case

Peter J. Benvenutti, Heller, Ehrman, White and McAuliffe, San Francisco, CA, David N. Chandler, Law Offices of David N. Chandler, Santa Rosa, CA, Richard M. Grant, Law Offices of Richard M. Grant, San Rafael, CA, Lawrence A. Jacobson, Law Offices of Cohen and Jacobson, Redwood City, CA, Rodger M. Landau, McDermott, Will and Emery, Los Angeles, CA, Grace E. Robson, Law Offices of Berger and Singerman, Miami, FL, Robert H. Scribner, Kimble, MacMichael and Upton, Fresno, CA, Michael D. Seese, Kluger, Peretz, Kaplan and Berlin, Miami, FL, for creditor.

Merle C. Meyers, Goldberg, Stinnett, Meyers and Davis, San Francisco, CA, for debtor.

Aron M. Oliner, Buchalter, Nemer, Fields and Younger, San Francisco, CA, trustee.

Memorandum re Attorneys' Fees

ALAN JAROSLOVSKY, Bankruptcy Judge.

After several hearings, the court granted the Chapter 7 trustee's motion to assume a real property lease. The lessors asserted, as part of the cost of curing defaults, that they recover their reasonable attorneys' fees. The trustee has objected, arguing that there is no basis for the award of attorneys' fees as part of the cost of assumption. The notion that a landlord must always be...

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