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SUMMITBRIDGE NAT. INVESTMENTS III, LLC v. FAISON

No. 17-2441.

915 F.3d 288 (2019)

SUMMITBRIDGE NATIONAL INVESTMENTS III, LLC, Creditor-Appellant, v. Ollie William FAISON, Debtor-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 8, 2019.

Attorney(s) appearing for the Case

ARGUED: Christopher Paul Schueller , BUCHANAN INGERSOLL & ROONEY PC, Pittsburgh, Pennsylvania, for Appellant. John Arlington Northen , NORTHEN BLUE, LLP, Chapel Hill, North Carolina, for Appellee. ON BRIEF: Vicki L. Parrott , NORTHEN BLUE, LLP, Chapel Hill, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Floyd and Judge Coggins joined.

The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys' fees, if those fees are incurred after the filing of a bankruptcy petition but guaranteed by a pre-petition contract. We join other federal courts of appeals in holding that the Code does not preclude...

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