East Side Investors, In re
| Citation | 702 F.2d 214 |
| Decision Date | 04 April 1983 |
| Docket Number | No. 81-7113,81-7113 |
| Parties | In re EAST SIDE INVESTORS, Debtors. Monty M. MILLS, Dr. Patrick Yancey, et al., Plaintiffs-Appellees, v. EAST SIDE INVESTORS, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
Appeal from the United States District Court for the Northern District of Georgia.
ON PETITION FOR REHEARING
(Opinion December 20, 1982, 11 Cir., 1982, 694 F.2d 242)
Before TJOFLAT and CLARK, Circuit Judges, and TUTTLE, Senior Circuit Judge.
Appellant's Petition for Rehearing includes the following sentence: "To support this ruling, this Court has held that litigation in the bankruptcy court simply to establish the amount of the Creditors' claim amounts to collection 'by or through an attorney' and that a consent order entered in the course of the bankruptcy proceeding to establish the validity and priority of the Creditors' claim was a judgment which the Creditors' attorneys are now 'collecting' through East Side's plan of arrangement." This argument on the part of the appellant is no doubt based upon the following sentence in our opinion: "Services were rendered here and collection through the bankruptcy reorganization proceeding instead of collection through foreclosure will result."
Clearly our opinion said much more than this one sentence. If our holding is perceived to be that collection of a note containing Georgia's statutory attorney fee provision in a bankruptcy proceeding automatically authorizes attorney fees, we wish to correct that impression. Perhaps we were guilty of saying too much.
One of appellant's contentions in this case was that the note was not collected "by or through an attorney" because the intervening petition for arrangement under Chapter XII barred collection in an ordinary civil adversary proceeding. The filing of the petition in bankruptcy did automatically stay the foreclosure proceeding, and collection was effectuated, as stated in our opinion, "through the bankruptcy reorganization proceeding instead of collection through foreclosure." Appellant now argues that since oral argument, and not as a part of the record in this case, the bankruptcy proceeding has concluded with a reinstatement of the notes and a modification of the terms that provide for a greater interest payment to the...
To continue reading
Request your trial
-
In re Centre Court Apartments, Ltd.
...I distinguished the case of Mills v. East Side Investors (In re East Side Investors), 694 F.2d 242 (11th Cir.1982), reh'g denied, 702 F.2d 214 (11th Cir.1983) in which the Eleventh Circuit affirmed the holding that Georgia statutory attorney's fees could be enforced as a part of the debtor'......
-
In re Smith, 99-11124.
...B.R. at 844. Landlord cites three cases in which attorney fees were allowed claims in bankruptcies. Mills v. East Side Investors (In re East Side Investors), 702 F.2d 214 (11th Cir.1983); Chemical Bank v. Grigby's World of Carpet, Inc. (In re WWG Industries, Inc.), 44 B.R. 287 (N.D.Ga.1984)......
- U.S. v. Victoria
-
In re Masnorth Corp., Bankruptcy No. 82-00992A
...Raceway, Inc., 513 F.2d 546 (5th Cir.1975); In re East Side Investors, 694 F.2d 242 (11th Cir.1982) Petition for rehearing denied 702 F.2d 214 (11th Cir.1983); United States v. Allen, 699 F.2d 1117 (11th Cir.1983). The debtor has stated that it would pay Midland $6,000.00 in attorney's fees......