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IN RE 804 CONGRESS, L.L.C.

Nos. 12-50382, 12-50392, 12-50425.

756 F.3d 368 (2014)

In the Matter of 804 CONGRESS, L.L.C., Debtor, Wells Fargo Bank, N.A.; Greta Goldsby, Appellees, v. 804 Congress, L.L.C., Appellant. In the Matter of 804 Congress, L.L.C., Debtor, Wells Fargo Bank, N.A., Appellee, v. 804 Congress, L.L.C., Appellant. In the Matter of 804 Congress, L.L.C., Debtor, Greta Goldsby, Appellee, v. 804 Congress, L.L.C., Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 2014.

Attorney(s) appearing for the Case

James G. Ruiz , Alexander Sin Valdes, Winstead, P.C., Austin, TX, for Appellees.

Stephen W. Sather , Barron, Newburger & Sinsley, P.L.L.C., Austin, TX, for Appellant.

Before JOLLY, GARZA, and OWEN, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

The principal issue in this case is whether, after an automatic stay in bankruptcy has been lifted and a creditor is permitted to foreclose on real property, federal or state law governs an oversecured creditor's recovery of attorneys' and other fees from the sale proceeds. A corollary issue is whether the bankruptcy court has jurisdiction over the sale proceeds for purposes of determining the creditor's right to recover attorneys...

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