IN RE ELECTRIC MACHINERY ENTERPRISES, INC.

No. 8:03-bk-11047-MGW.

371 B.R. 549 (2007)

In re ELECTRIC MACHINERY ENTERPRISES, INC., Debtor.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

July 6, 2007.


Attorney(s) appearing for the Case

David S. Jennis, Jennis Bowen & Brundage, PL, Tampa, FL, for Debtor.

Edward J. Comey, Maria C. Ramos, Shumaker Loop & Kendrick, LLP, Tampa, FL, for Amwest.


MEMORANDUM DECISION AND ORDER GRANTING DEBTOR'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO POST-PETITION ATTORNEYS' FEES

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

The majority of courts have held that an unsecured creditor is not entitled to collect post-petition attorneys' fees, costs, and other similar charges — even if there is an underlying contractual right to do so. Amwest Surety Insurance...

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