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OGLE v. FIDELITY & DEPOSIT CO. OF MARYLAND

Docket No. 09-0691-bk.

586 F.3d 143 (2009)

D. Clark OGLE, Liquidating Trustee of the Agway Liquidating Trust, Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 5, 2009.

Attorney(s) appearing for the Case

Jeffrey A. Dove, James C. Thoman, Menter, Rudin & Trivelpiece, P.C., Syracuse, NY, for Appellant.

Glenn M. Fjermedal, Lacy Katzen LLP, Rochester, New York; Filiberto Agusti, Mark Moran, Joshua R. Taylor, Steptoe & Johnson LLP, Washington, D.C., for Appellee.

Before: JACOBS, Chief Judge, FEINBERG and KATZMANN, Circuit Judges.

DENNIS JACOBS, Chief Judge:

The federal Bankruptcy Code ("Code"), 11 U.S.C. §§ 101 et seq., does not explicitly state whether an unsecured creditor can collect post-petition attorneys' fees based on a pre-petition indemnity agreement. In United Merchants & Manufacturers, Inc. v. Equitable Life Assurance Society of the United States, 674 F.2d 134 (2d Cir.1982), this Court held, under the Bankruptcy...

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